Bartlett v. State

OPINION

in which KELLER, P.J., and MEYERS, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

The appellant, Roy Bob Bartlett, was convicted of felony driving while intoxicated (DWI). Over the appellant’s objection, the trial court instructed the jury at the conclusion of the guilt phase of trial that it was permitted to consider the fact that the *149appellant had refused to submit to a breath test. On appeal, the appellant asserted that this instruction constituted an impermissible comment on the weight of the evidence. The court of appeals rejected this argument, and affirmed the…