Simon v. State

OPINION

KEM THOMPSON FROST, Justice.

Challenging his conviction for driving while intoxicated (“DWI”), appellant Robert J. Simon asserts various evidentiary complaints, and also contends that the trial court reversibly erred by commenting on the weight of the evidence on several occasions during the guilt-innocence phase of his jury trial. Finding merit in the latter contention, we conclude that the trial court’s improper comments on the weight of evidence were reasonably calculated, when considered from the jury’s standpoint, to benefit the State. Accordingly, we reverse the trial court’s…