Scott v. State

ONION, Justice (Retired).

Appellant Janet Delores Scott was indicted for the offense of attempted murder. A jury found her guilty of the lesser included offense of attempted voluntary manslaughter, and assessed her punishment at three years’ imprisonment.

Appellant advances three points of error. Appellant contends that (1) the prosecutor impermissibly commented on her failure to testify at the guilt/innoeence stage of the trial; (2) it was fundamental error for the trial court to fail to include in its charge on punishment all of the possible penalties applicable to the offense of attempted…