Trevino v. State

PARKS, Judge,

specially concurring:

I write separately to point out that it is clearly improper for a prosecutor to comment on an accused’s right to remain silent at any stage of a jury trial. See Robison v. State, 677 P.2d 1080, 1084 (Okl.Cr.1984). In the instant case, however, the error was not properly preserved for appellate review by a timely specific objection and so the record was reviewed for fundamental error only. See McLeod v. State,, 725 P.2d 877, 881 (Okl.Cr.1986). Having found no fundamental error, I concur in the affirmance of the judgment and sentence.