Batres v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Arturo E. Batres, henceforth appellant, was convicted by the jury of committing *612the offense of sexual assault. The trial judge assessed appellant’s punishment at eleven (11) years’ confinement in the Department of Corrections. The Fourth Court of Appeals reversed the trial court’s judgment after it found that the trial judge had abused his discretion in overruling appellant’s motion for new trial that was based on the jurors’ thorough discussion of appellant’s failure to testify at trial. See Batres v. State, 727 S.W.2d 83 (Tex.App.San…