Levingston v. State

I respectfully dissent. In my view the trial court committed reversible error in allowing the prosecutor to comment on ap*327pellant’s failure to call a probation officer as a witness. Accordingly, I would sustain appellant’s second ground of error and reverse and remand.

During final argument at the punishment phase of trial the prosecutor made the following remark:

MS. JEROME [Prosecutor]: ... You heard defense counsel ask him when he was on the stand, if he had an interview with a probation office [sic] and ask yourself, if he was worthy of that probation, where is the probation officer to…