After the defendant testified to an alibi defense during the guilt/innocence phase, the prosecutor stated in closing argument during the punishment phase that the defendant "has not taken responsibility for this crime." This statement was not an improper comment on the defendant's failure to testify at punishment. By testifying that he was not the person who committed the aggravated robbery, the defendant expressly denied responsibility for the crime. A prosecutor can comment on a defendant's failure to take responsibility during closing argument at either the guilt or punishment phase when the prosecutor's remarks are supported by evidence in the record.
Randolph v. State