Ewers v. State

OPINION

NYE, Chief Justice.

A jury found appellant guilty of burglary, and due to enhancement from a previous conviction, the jury assessed punishment at forty years’ confinement and a fine of $2,500.00. By his sole point of error, appellant complains of improper jury argument by the State during the guilt-innocence phase of the trial. We affirm.

At about 3:00 a.m. on August 8, 1988, appellant was arrested for burglary when police, answering a silent alarm in a fast food restaurant, found appellant hiding in the building. At trial, appellant claimed that he had entered the building in order to…