Powell v. State

OPINION

JOHN S. ANDERSON, Justice.

A jury convicted appellant, Roderick Earl Powell, of aggravated assault with a deadly weapon and assessed punishment at forty-five years’ confinement in the Texas Department of Criminal Justice, Institutional Division. See Tex. Penal Code Ann. § 22.02 (Vernon 2003). In two issues, appellant argues the trial court violated his rights under the United States and Texas Constitutions by making an improper judicial comment during the guilt/innocence phase of the trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1

In the early hours of September 12, 2005, appellant…