Frantz Jerry Sainvil v. State of Indiana

PYLE, Judge.

Statement of the Case

[1] Appellant/Defendant, Frantz Jerry Sainvil (“Sainvil”), appeals his convictions of, and sentences for, Level 4 felony possession of cocaine; 1 Class A misdemeanor possession of a controlled substance; 2 Class A misdemeanor possession of paraphernalia; 3 Class A misdemeanor resisting law enforcement; 4 and Class A misdemeanor possession of marijuana. 5 On appeal, he argues that the prosecutor committed misconduct that amounted to fundamental error during his rebuttal closing argument by commenting on Sain-vil’s failure to testify. In addition, Sainvil argues…