Simons v. State

STEPHENS, Justice.

Steven Earl Simons was convicted of driving while intoxicated and was sentenced to 60 days in jail, probated for 24 months, and assessed a $500 fine. In his sole ground of error, he contends that the trial court erred in overruling his motion for mistrial because the prosecutor’s argument injected unsworn testimony which bolstered the previous testimony of two police officers. We agree that the prosecutor’s argument was improper and can never be condoned; however, in this instance we find that the error was cured by the court’s instructions and affirm.

During final argument…