Porter v. State

OPINION

DOUGLAS, Judge.

Porter was convicted of aggravated robbery. The jury, upon finding that Porter had previously been convicted of a felony, assessed punishment, enhanced under V.T. C.A., Penal Code, Section 12.42(c), at life.

Appellant contends the court erred in permitting the prosecutor to allude to Porter’s failure to testify.

Porter entered a plea of “not guilty” before the jury. After the State presented its case in chief, Porter pled guilty to robbery before the court and requested a charge upon the lesser included offense of robbery. No plea or admission of guilt was made before the…