Gomez v. State

PAUL PRESSLER, Justice.

This is an appeal from a conviction for capital murder. We affirm.

Appellant was indicted for the killing of Henry Ortiz while in the course of robbing him. A jury found the appellant guilty of capital murder. Appellant was sentenced to life in prison in the Texas Department of Corrections.

Appellant brings six grounds of error. In his first, he argues that the trial court erred in denying his motion for a mistrial because of the prosecutor’s comment on appellant’s failure to testify.

During the State’s closing argument the prosecutor said:

[By MR. KNIGHT, the prosecutor]:…