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DARBY v. STATE

No. 2-95-010-CR.

922 S.W.2d 614 (1996)

David Obie DARBY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled June 20, 1996.

Attorney(s) appearing for the Case

Ward Casey, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney; Betty Marshall and Charles M. Mallin, Assistant Chiefs of the Appellate Section; Sylvia Mandel, Michael Klein, Richard Salamy, Assistant Criminal District Attorneys, Fort Worth, for appellee.

Before DAY, RICHARDS and HOLMAN, JJ.

OPINION

HOLMAN, Justice.

David Obie Darby pled not guilty to the offense of indecency with a child by sexual contact, but pled "true" to two enhancement paragraphs of the indictment. A jury found him guilty of the offense, and the court assessed punishment of thirty years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. Darby's appeal protests that the prosecutor's closing argument impermissibly commented on his failure...

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