Dunlap v. State

BROWN, LUCY CHERNOW, Associate Judge.

We affirm the trial court’s final judgment adjudicating appellant guilty of trafficking in cocaine. We write to explain our determination of the first issue raised by appellant. Appellant argues the trial court reversibly erred by denying his motion for mistrial which was based solely on one comment made by the prosecutor during opening statement. Appellant asserts the comment improperly instructed the jury to reach its verdict based on “the truth,” rather than on proof beyond a reasonable doubt. We disagree and examine the comment in context.

During…