COYLE v. STATE

Nos. 05-84-00525-CR, 05-84-00526-CR.

693 S.W.2d 743 (1985)

David Glenn COYLE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 21, 1985.


Attorney(s) appearing for the Case

Tex McConathy, Dallas, for appellant.

Michael A. Klein, Asst. Dist. Atty., Dallas, for appellee.

Before SPARLING, WHITHAM and DEVANY, JJ.


WHITHAM, Justice.

Appellant appeals two convictions for aggravated sexual assault. In his third ground of error, appellant complains that the prosecutor commented on his failure to testify. We agree. Accordingly, we reverse and remand.

At the punishment phase of the trial, the prosecutor remarked, the appellant objected and the trial court ruled as follows:

[PROSECUTOR]: I want to talk about what he looks like in the courtroom right now. You've looked...

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