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Williams v. State

Prosecutor's improper question regarding defendant's exercise of his right to remain silent was harmless error, since the witness did not respond and the court gave curative instructions.

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Roosevelt Williams was convicted of two counts of burglary. On appeal, he contends the evidence was insufficient to support the convictions. He also claims the trial court erroneously denied his motion for mistrial and overruled his objection to the prosecutor’s closing argument. For reasons discussed below, we affirm.

The relevant facts follow. Two homes in Lawrenceville were burglarized on February 19, 1998. Rachel Reese, the owner of the house at 191 Forest Ridge Court, testified that she returned home at about 6:15 p.m. and discovered several items missing, including a stereo, telephone, answering machine, three guns, ammunition, jewelry, a coin collection, a comforter cover, and some pillow cases. It appeared that someone had broken the bottom of a storm window and used a long tool to reach through and unlock the window. Eloy Saenz, who lived at 205 Forest Place, testified that several items were stolen from his house that day, including a Dallas Cowboys jacket, two pairs of pants, and some papers.

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