GARCIA v. STATE

No. 08-87-00302-CR.

758 S.W.2d 937 (1988)

Ricardo Andrew GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

October 5, 1988.


Attorney(s) appearing for the Case

Tracey Bright, Odessa, for appellant.

R.C. "Eric" Augesen, Dist. Atty., Odessa, for appellee.

Before OSBORN, C.J., and SCHULTE and WOODARD, JJ.


OPINION

WOODARD, Justice.

This is an appeal from a judgment of conviction for unauthorized use of a motor vehicle. The jury assessed ten years' penitentiary confinement and a fine of $2,500.00. We affirm.

Point of Error No. One avers the prosecutor, during final argument, commented on the Defendant's failure to testify. The following passage was stated in the guilt-innocence stage argument:

[T]he Defendant, Richard Garcia, was found driving...

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