Franks v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for aggravated robbery. Upon his plea of not guilty, appellant was convicted by a jury which assessed punishment, enhanced by a prior felony conviction, at forty years’ imprisonment.

By his first ground of error, appellant contends that the State improperly commented on his failure to testify in violation of his state and federal constitutional rights. Tex.Const. Art. I, Sec. 10; U.S. Const. Amend. V. See also Article 38.08, Vernon’s Ann.C.C.P. We agree and reverse the judgment of conviction. Accordingly, we find it unnecessary to set…