Harris v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

THOMAS G. DAVIS, Judge.

After a jury found appellant guilty of theft from the person of another the trial court found the allegation in an enhancement paragraph true and assessed punishment at fifteen years. The Ninth Court of Appeals (Beaumont) reversed the conviction. Harris v. State (No. 09-83-094 CR, delivered December 14, 1983). We granted the State’s petition for discretionary review to examine the Court of Appeals’ holding *688that the prosecutor’s argument improperly commented on the appellant’s failure to testify, in violation of Art.…