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LEMON v. STATE

No. 04-08-00405-CR.

298 S.W.3d 705 (2009)

William Andrew LEMON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

August 19, 2009.

Attorney(s) appearing for the Case

M. Patrick Maguire, M. Patrick Maguire, P.C., Kerrville, TX, for Appellant.

Amos L. Barton, District Attorney, Kerrville, TX, Ronald L. Sutton, District Attorney, Junction, TX, for Appellee.

Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: MARIALYN BARNARD, Justice.

A jury found William Andrew Lemon guilty of one offense of indecency with a child and two offenses of aggravated sexual assault of a child. On appeal, Lemon contends the trial court abused its discretion when it allowed the State to engage in an improper jury argument. During the State's final concluding remarks, the State told the jury that Lemon failed to call an appointed DNA expert as a witness. Although...

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