OPINION
DIES, Chief Justice.
A jury convicted appellant of driving while intoxicated, second offense, and the jury assessed punishment at five years in the Texas Department of Corrections, plus a fine of $5,000. Appeal has been perfected to this Court.
Appellant has a ground of error contending the prosecutor erred when he commented on the defendant's failure to testify in the punishment phase of the trial. Hereafter follows the argument complained...
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