Norton v. State

OPINION

BAKER, Justice.

A jury convicted appellant of aggravated sexual assault. The jury found two enhancement allegations true and assessed a fifty-year sentence. Appellant contends the evidence was insufficient to convict him. He also contends that during jury arguments the prosecutor impermissibly commented on appellant’s failure to testify. We find the evidence sufficient to support appellant’s conviction. We conclude that the trial court erred by denying appellant’s motion for mistrial. We hold the instruction to the jury did not cure the harmful effect of the State’s improper comment on…