JOHNSON v. STATE

No. 10-01-142-CR.

83 S.W.3d 229 (2002)

Roderick Glen JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

July 17, 2002.


Attorney(s) appearing for the Case

Paul C. Nugent, Foreman, DeGeurin, Nugent & Gerger, Houston, for appellant.

Charles A. Rosenthal, Jr., Harris County Dist. Atty., Dan McCrory, Harris County Asst. Dist. Atty., Houston, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

REX D. DAVIS, Chief Justice.

A jury found Roderick Glen Johnson guilty of murder. The jury found that he committed the offense "under the immediate influence of sudden passion" and sentenced him to twelve (12) years' imprisonment. See Tex. Pen.Code Ann. § 19.02(d) (Vernon 1994). In two points, Johnson contends that the trial court erred by refusing to grant him a mistrial following the prosecutor's improper comment on his

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