Anderson v. State

OPINION

BAKER, Justice.

A jury convicted Craig Eugene Anderson of aggravated robbery with a deadly weapon. The trial court assessed a forty-year sentence. In three points of error, appellant contends: (1) the evidence is insufficient to support his conviction; and (2) the State impermissibly commented on his failure to testify. We hold the State improperly referred to appellant’s failure to testify. We reverse the trial court’s judgment and remand the cause for a new trial.

FACTS

The complainant testified the robbery occurred at a convenience store. After he had bought gasoline and returned to…