Borgen v. State

OPINION

BULLOCK, Justice.

This is a sexual abuse case that comes to us on remand from the Court of Criminal Appeals.

Upon initial submission of this case, a panel of this court held that a comment by the prosecutor, during the guilt phase of the trial, constituted reversible error notwithstanding the absence of an objection by appellant. Borgen v. State, 657 S.W.2d 15 (Tex.App.-Houston [1st Dist.] 1983). We reversed and remanded this cause for a new trial. The Court of Criminal Appeals granted the state’s petition for review and held: (1) that the comment by the prosecutor was improper; but (2)…