Lott v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for possession of marihuana. Punishment was assessed by the jury at ten years.

We reverse this conviction because of improper jury argument. In the closing argument at the punishment stage of the trial, the prosecutor told the jury that:

“ * * * there are different units in the Texas Department of Corrections, and, of course, we have the one unit for the young offenders, the first offenders, * * *»

and that appellant would be sent to “the Ferguson Unit, with young offenders * ‡ _ ⅜»

The state contends that this was in answer to appellant’s…