Valles v. State

OPINION

KOEHLER, Justice.

This is an appeal from a conviction for the offense of driving while intoxicated. The jury assessed punishment at one year’s probation and a fine of $500.00. We reverse and remand.

In Point of Error No. One, the Appellant asserts that the court erred in refusing to grant a mistrial after the counsel for the State during closing argument improperly commented on the Appellant’s failure to testify. During final argument at the guilt-innocence stage of trial, the following exchange occurred:

STATE: The judge has instructed you, as Mr. Garcia pointed out, you can’t use the…