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ROBILLARD v. STATE

No. 63564.

641 S.W.2d 910 (1982)

Michael Francis ROBILLARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied December 8, 1982.

Attorney(s) appearing for the Case

Lawrence B. Mitchell, Dallas, for appellant.

Henry M. Wade, Dist. Atty., Stanley Keeton, Michael R. Gillett and Robert E. Whaley, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P.J., and ODOM and W.C. DAVIS, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape under V.T.C.A., Penal Code Sec. 21.03. Punishment was assessed by the jury at 99 years.

Appellant urges in his sixth ground of error that the prosecutor's final argument during the guilt/innocence stage of the trial deprived him of a fair trial. That portion of the prosecutor's argument states:

"MR. WHALEY: He said I can't believe Mr. Tessmer [defense counsel] would...

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