Brown v. State

OPINION

TEAGUE, Judge.

Appellant appeals his conviction for the felony offense of burglary of a building. His punishment was assessed by a jury at 18 years’ confinement in the Texas Department of Corrections, together with a $10,-000 fine.1

This Court is confronted at the outset with a question of first impression:

Is it reversible error for the trial court, over objection, to refuse to charge the jury, at the punishment stage of the trial, on the defendant’s failure to testify, when the trial court so charged the jury at the guilt-innocence stage of the trial?

Appellant did not testify at either…