LEE v. STATE

No. 61311.

628 S.W.2d 70 (1982)

Mark Wayne LEE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied March 10, 1982.


Attorney(s) appearing for the Case

John P. Knouse, Dallas, for appellant.

Henry Wade, Dist. Atty., Steve Wilensky, Mary Ludwick and Michael R. Gillett, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, TOM G. DAVIS and DALLY, JJ.


OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of possession of a short barreled firearm. V.T.C.A. Penal Code, Sec. 46.06. The punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant contends that the prosecutor committed reversible error when he made a comment on the appellant's failure to testify. Art. 38.08, V.A.C.C.P. provides that the failure of any defendant to testify shall not...

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