State v. Church

OPINION

TOCI, Presiding Judge.

A jury convicted defendant of one count of aggravated driving with a suspended license while under the influence of intoxicating liquor. In this appeal, he raises two errors not objected to below. First, he argues a comment by the prosecutor in closing argument affirming defendant’s right not to testify violates both the constitutional and statutory bans on comment on a defendant’s exercise of the Fifth Amendment privilege and constitutes fundamental error requiring reversal of his conviction. Second, he argues that the statutory presumption that service of a…