Thomas v. State

Deen, Presiding Judge.

Thomas was tried and convicted of burglary, for which he was sentenced to 5 years imprisonment followed by 5 years probation. On appeal, Thomas contends that the trial court erred in admitting into evidence testimony that the subject premises had previously been burglarized and in refusing to grant a mistrial following allegedly prejudicial comments made by the prosecutor during closing argument.

Lucille Riddle resided across the street from the burglarized premises, which were owned by Lula Shelton (who was in a nursing home). On September 18, 1982, at approximately 7:30…