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ESPINOZA v. STATE

No. 3-91-526-CR.

843 S.W.2d 729 (1992)

Gilbert ESPINOZA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 13, 1993.

Attorney(s) appearing for the Case

Robert Icenhauer-Remirez, Icenhauer-Ramirez & Hubner, P.C., Austin, for appellant.

Ronald Earle, Dist. Atty., Dayna Blazey Baird, Asst. Dist. Atty., Austin, for appellee.

Before CARROLL, C.J., and JONES and KIDD, JJ.

JONES, Justice.

A jury convicted Gilbert Espinoza, appellant, of sexual assault and assessed punishment, enhanced by two prior felony convictions, at life imprisonment. See Act of May 29, 1983, 68th Leg., R.S., ch. 977, § 3, 1983 Tex.Gen.Laws 5311, 5312-15 (Tex.Penal Code Ann. § 22.011, since amended). On appeal, appellant asserts, first, that the prosecutor impermissibly commented on appellant's failure to testify and, second, that the trial court...

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