State v. Lopez

*402OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

OVERSTREET, Judge.

Appellant was convicted by a jury of the offense of murder and was sentenced by the trial court to life imprisonment. On appeal, the Third Court of Appeals reversed the conviction on appellant’s ground for review contending that the trial court erred in refusing to declare a mistrial when the prosecutor commented on his failure to testify at the guilt stage of the trial. 793 S.W.2d 738.

We originally granted the State’s petition on the ground for review claiming that the court of appeals erred in ignoring defense arguments…