Waldo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of murder and his punishment assessed by the jury at 99 years confinement in the Texas Department of Corrections. On his appeal to the San Antonio Court of Appeals appellant complained of an allusion to his postar-rest, postMiranda silence made by a police investigator during the State’s case in chief. The court of appeals ruled that the trial court’s instruction to the jury to disregard the investigator’s remark “cured any possible error.” Waldo v. State, 705 S.W.2d 381, 384…