JOHNSON v. STATE

No. 59987.

611 S.W.2d 649 (1981)

Tommy JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

May 20, 1981.


Attorney(s) appearing for the Case

Thomas N. Thurlow, Houston, for appellant.

Carol S. Vance, Dist. Atty. & W. Scott Carpenter and Connie Williams, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. Following his plea of guilty, the jury assessed appellant's punishment at 5 years.

In his first ground of error, appellant contends that the court erred in failing to grant a mistrial due to improper jury argument. He maintains that the argument was improper as a comment upon appellant's failure to testify. Appellant did not testify, but offered testimony of his...

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