Gonzales v. State

The issue that is before this Court is not whether one of the prosecuting attorneys in this cause committed error by asking an improper question; the issue, instead, is whether the error became harmless by the trial court’s instruction to the jury. Try as I might, I am unable to conclude that there is not a reasonable possibility that the error in asking the improper question did not contribute to the punishment that was assessed. I, therefore, respectfully dissent.

Appellant’s punishment, enhanced by one prior felony conviction, was assessed by the jury at 11 years’ confinement in the…