Smith v. State

OPINION

WALKER, Chief Justice.

John Fitzgerald Smith appeals from a conviction for aggravated robbery, where the jury found Smith to be a repeat offender and sentenced him to thirty years of imprisonment in the Texas Department of Criminal Justice, Institutional Division. The sole point of error presents the issue: ‘Whether the State’s jury argument induced the jury to assess punishment based on community desire or expectation so as to prevent Appellant from having a fair trial.”

Proper jury argument falls into four categories: (1) summation of the evidence, (2) reasonable deduction from the…