STATE v. LOPEZ

No. 891-90.

810 S.W.2d 401 (1991)

The STATE of Texas, Appellee, v. David LOPEZ, Appellant.

Court of Criminal Appeals of Texas, En Banc.

June 12, 1991.


Attorney(s) appearing for the Case

Terrence W. Kirk, Austin (Court appointed), for appellant.

Ronald Earle, Dist. Atty., and Terrence Keel, Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was convicted by a jury of the offense of murder and was sentenced by the trial court to life imprisonment. On appeal, the Third Court of Appeals reversed the conviction on appellant's ground for review contending that the trial court erred in refusing to declare a mistrial when the prosecutor commented on his failure to testify...

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