Nubiola v. State

The defendant charged with attempted burglary and possession of burglary tools, after a jury trial, was convicted of trespass. The claim here is that an investigating detective’s testimony impermissibly suggested the defendant’s conduct showed he was guilty. The detective’s statement at issue was made during the following exchange:

PROSECUTOR: Officer Matthews, on cross examination you were asked some questions regarding whether or not the defendant attempted to flee when you first saw him. In your own words preferably using adjectives if you could, how would you describe—

DEFENSE COUNSEL: Your…