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MILO v. STATE

No. 09-95-105 CR.

922 S.W.2d 678 (1996)

Eric Deshawn MILO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Overruled June 20, 1996.

Attorney(s) appearing for the Case

Willis Everett Smith, Kingwood, for appellant.

Daniel C. Rice, District Attorney, Conroe, for State.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

OPINION

BURGESS, Justice.

A jury found Eric Deshawn Milo guilty of murder and assessed his punishment at life in the Texas Department of Criminal Justice —Institutional Division and a fine of $10,000. Milo urges two points of error. The first alleges the prosecutor's closing argument at the guilt/innocence phase of the trial constituted an improper comment on Milo's failure to testify. The second alleges the trial court erred in denying Milo's motion...

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