MERCER v. STATE

No. 64367.

658 S.W.2d 170 (1983)

Jimmy MERCER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 12, 1983.


Attorney(s) appearing for the Case

John Mann, Amarillo, for appellant.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

McCORMICK, Judge.

Appellant was convicted of aggravated rape. Punishment was assessed at five years. The sufficiency of the evidence is not challenged.

In his first ground of error appellant contends that the prosecutor in his closing argument at the punishment phase of the trial commented upon the appellant's failure to testify.1 Appellant did not testify at either the guilt-innocence or the punishment phase...

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