WYBORNY v. STATE

No. 01-05-00158-CR.

209 S.W.3d 285 (2006)

Paul Edward WYBORNY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled January 18, 2007.


Attorney(s) appearing for the Case

Nicole Deborde, Houston, TX, for Appellant.

Kelly Ann Smith, Houston, TX, for State.

Panel consists of Justices NUCHIA, KEYES, and HANKS.


OPINION

GEORGE C. HANKS, JR., Justice.

A jury found appellant, Paul Edward Wyborny, guilty of the murder of Patrick Axtell and assessed punishment at 40 years' confinement. In two points of error, appellant contends that the trial court erred in overruling his objection to the prosecutor commenting on his post-arrest silence in violation of article I, section 10 of the Texas Constitution and violated his right to remain silent under the Fifth Amendment to...

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