Nordyke v. State

OPINION

DIES, Chief Justice.

A jury convicted appellant of driving while intoxicated, second offense, and the jury assessed punishment at five years in the Texas Department of Corrections, plus a fine of $5,000. Appeal has been perfected to this Court.

Appellant has a ground of error contending the prosecutor erred when he commented on the defendant’s failure to testify in the punishment phase of the trial. Hereafter follows the argument complained of:

“[PROSECUTOR]: I don’t believe that there is any reason to give his man mercy. You have heard [Defense Attorney] ask for mercy and I want to ask…