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STATE v. DAVIS

No. 69,148

255 Kan. 357 (1994)

874 P.2d 1156

STATE OF KANSAS, Appellee, v. MITCHELL DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed May 27, 1994.

Attorney(s) appearing for the Case

Benjamin C. Wood, special appellate defender, of Olathe, argued the cause, and Jessica R. Kunen, chief appellate defender, of Topeka, was with him on the brief for appellant.

Debra S. Byrd, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were with her on the brief for the appellee.

The opinion of the court was delivered by

DAVIS, J.:

The defendant, Mitchell Davis, was convicted after trial by jury of aggravated burglary, aggravated robbery, aggravated battery, attempted first-degree murder, and two counts of unlawful possession of a firearm. He was sentenced to a controlling term of 40 years to life imprisonment. The defendant contends: (1) He is entitled to a new trial because the State improperly commented on his failure to present...

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