Legal Opinion · Dissent

De Los Santos v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided February 14, 1996No. 04-94-00471-CRPublished

1DissentDuncan, Justice

I concur in the majority’s judgment insofar as it affirms De Los Santos’ conviction. I respectfully dissent, however, from the majority’s reversal of the trial court’s judgment on punishment.

The Prosecutor’s Closing Argument

During closing arguments, De Los Santos’ counsel made a plea for probation and, near the end of his argument, stated:

Defense Counsel: I think each person has some value in them and each person gives something in this life. In this situation Lucio Delossantos [sic], you know, has not shown to be an evil individual person, not to be shown a horrible *574person. He committed a…

2Cases cited9 opinions

  1. Patrick v. StateCourt of Criminal Appeals of Texas · 1995
  2. DeRusse v. StateCourt of Criminal Appeals of Texas · 1979
  3. Davis v. StateCourt of Criminal Appeals of Texas · 1989
  4. McMahon v. StateCourt of Criminal Appeals of Texas · 1978
  5. Elkins v. StateCourt of Criminal Appeals of Texas · 1983

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