Cockerham v. State

OPINION

SEERDEN, Justice.

A jury convicted appellant of aggravated robbery, and the court sentenced him to sixty years of confinement. Appellant alleges that the prosecutor commented on his failure to testify and that testimony regarding his defensive theory was improperly excluded. We agree that the prosecutor made an impermissible comment and reverse.

Appellant claims that a statement by the prosecutor in jury argument violated TEX. CODE CRIM.PROC.ANN. art. 38.08 (Vernon 1981) in being a comment on his failure to testify. The prosecutor said:

MS. ROLF: No defense witness has come in here and…