State v. Hernandez

CROW, Presiding Judge.

Appellant, facing trial by jury for possession of more than 35 grams of marihuana, § 195.020, RSMo 1986, requested the trial court to assess punishment if appellant were found guilty. § 557.036.2(1), RSMo 1986. The jury returned a verdict of guilty; the trial court fixed appellant’s punishment at five years’ imprisonment. § 195.200.1(l)(b), RSMo Supp.1987. This appeal followed.

Appellant maintains the trial court erred in (1) refusing to declare a mistrial when the prosecutor commented during closing argument on appellant’s failure to testify, (2) denying appellant’s…