Garcia v. State

OPINION

DAUPHINOT, Justice.

Appellant Benjamin Rosales Garcia was convicted by a jury of driving while intoxicated. The judge assessed his punishment at ninety days’ confinement in the Denton County Jail and a $1,000.00 fine. Appellant appeals, bringing one point of error. He argues that the trial court erred by denying his motion for mistrial after the State attacked Appellant’s counsel during final argument.

The prosecutor, Doug Wilder, argued:

I want to make a couple comments on what defense counsel just argued to you to try to clear up some points.

The first misrepresentation he made to you is…