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STATE v. JONES

No. CR98-1165

734 So.2d 670 (1999)

STATE of Louisiana, Plaintiff-Appellee, v. Albert JONES, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1999.

Attorney(s) appearing for the Case

Charles F. Wagner, Dist. Atty., Monique Yvette Metoyer, Alexandria, for State of La.

John Michael Lawrence, Shreveport, for Albert Jones.

BEFORE: THIBODEAUX, AMY, and SULLIVAN, Judges.

THIBODEAUX, Judge.

A six-person jury found the defendant, Albert Jones, guilty of theft of cigarettes having a value of between one hundred and five hundred dollars. He was sentenced to two years at hard labor. He alleges that the trial court erred in refusing to order a mistrial because of the prosecutor's reference to his failure to testify in his own defense.1

We reverse. The prosecutor's rebuttal comments that "[t]he problem...

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