Boggs v. State

SUMMERS, Chief Justice.

This is an appeal from a conviction by a jury for the offense of driving while intoxicated, subsequent offense. The defendant elected to plead guilty before the jury and the trial progressed to the punishment phase. The jury assessed appellant’s punishment at confinement in the Texas Department of Corrections for a term of five years.

We affirm.

Appellant asserts two grounds of error. In his first ground he contends that his fifth amendment guarantee against self-incrimination was violated by the prosecutor’s comments on the failure of the accused to testify. During the…