Lopez v. State

ONION, Justice (Retired).

This is an appeal from a conviction for” murder. Tex.Pen.Code Ann. § 19.02(a)(1) (1989). After the jury's verdict finding the appellant guilty, the trial court assessed punishment at life imprisonment in the Texas Department of Corrections. 1

Appellant advances five points of error. We are confronted at the outset with perhaps the most serious question in the case —appellant’s initial contention that the trial court erred in refusing to declare a mistrial when the prosecutor commented on his failure to testify at the guilt stage of the trial. We will sustain this first…