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LOTT v. STATE

No. 46086.

490 S.W.2d 600 (1973)

David LOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 21, 1973.

Attorney(s) appearing for the Case

Joel Mitchell, Gibbons & Spivey, by Broadus A. Spivey, Austin, for appellant.

Robert Smith, Dist. Atty., Terry Scarborough, Michael J. McCormick and Larry Laden, Asst. Dist. Attys., Austin, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for possession of marihuana. Punishment was assessed by the jury at ten years.

We reverse this conviction because of improper jury argument. In the closing argument at the punishment stage of the trial, the prosecutor told the jury that:

"* * * there are different units in the Texas Department of Corrections, and, of course, we have the one unit for the young offenders, the first offenders...

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