Stover v. State

BRETT, Judge,

specially concurring.

I concur in this opinion; however, I do not approve of the prosecutor’s closing remark cited in the opinion. I will hasten to add however, that it is more flagrant when taken out of context, than it is when read in connection with the entire statement. Considering the evidence of guilt and the sentence assessed by the jury of less than the maximum allowable, I cannot say that appellant was prejudiced. Under other circumstances, this type statement may be sufficient to cause a reversal of the conviction. In this case, however, it is not sufficient to reverse this conviction.