FRATCHER v. State

LEVENSON, JEFFREY R., Associate Judge.

Robert Fratcher appeals his judgment and sentence for burglary of a dwelling with assault or battery. Fratcher raises three issues on appeal; we affirm without further comment the first two issues concerning the motion to suppress and the rule of sequestration. As to the third issue, we hold that the trial court abused its discretion when it overruled Fratcher’s objection to the prosecutor’s comments on his refusal to consent to a search. However, we conclude that the error was harmless. Accordingly, we affirm.

On December 6, 2000, Fratcher broke into the…