DAVIS v. STATE

No. 05-81-01242-CR.

646 S.W.2d 594 (1983)

Stephen Bernard DAVIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied March 7, 1983.

Discretionary Review Granted May 25, 1983.


Attorney(s) appearing for the Case

Robert Baskett, Dallas, for appellant.

Henry Wade, Dist. Atty., Anne B. Wetherholt, Asst. Dist. Atty., for appellee.

Before STEPHENS, WHITHAM and GUILLOT, JJ.


STEPHENS, Justice.

A jury convicted Stephen Bernard Davis of aggravated robbery and assessed his punishment at 70 years imprisonment. On appeal, Davis contends that the trial court erred by its failure to grant a mistrial when the prosecutor, during argument at the punishment stage of trial, allegedly commented on his failure to testify. We conclude that the prosecutor did improperly comment on appellant's failure to testify; thus we reverse and remand.

The...

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