Stewart v. State

OPINION

DAVID L. RICHARDS, Justice.

Appellant was convicted of aggravated sexual assault of a child and sentenced by the jury to a term of forty-five years’ confinement. In point one, he argues the evidence is factually insufficient to support the verdict. In five subsequent points, he contends the trial court erred in: permitting the prosecutor to comment on his failure to testify at the punishment phase; refusing to allow him to rebut or argue against an assertion by the State that probation equaled immediate release; allowing the prosecutor to make an improper jury argument; and refusing to…