State v. Johnson

Danny Johnson appeals his conviction for residential burglary, arguing that the prosecutor’s rebuttal argument invited the jury to draw a negative inference from his exercise of his constitutional right to be present at trial. He also argues that the trial court’s response to a jury inquiry was an erroneous statement of the law, misled the jury, precluded him from arguing his theory of the case, was an improper comment on the evidence, and unduly emphasized the State’s case. We affirm.

Facts

On the evening of May 26, 1993, Sharleen Nelson saw the defendant, Johnson, sitting on the steps of her…