Espinoza v. State

JONES, Justice.

A jury convicted Gilbert Espinoza, appellant, of sexual assault and assessed punishment, enhanced by two prior felony convictions, at life imprisonment. See Act of May 29, 1983, 68th Leg., R.S., ch. 977, § 3, 1983 Tex.Gen.Laws 5311, 5312-15 (Tex.Penal Code Ann. § 22.011, since amended). On appeal, appellant asserts, first, that the prosecutor impermissibly commented on appellant’s failure to testify and, second, that the trial court erred in admitting evidence of a prior conviction during the punishment phase of the trial. We will affirm the conviction.

Because of the nature of…