Davis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted of the offense of unlawful delivery of a controlled substance and punishment was assessed at two years confinement in the Texas Department of Corrections. The Fifth Court of Appeals at Dallas reversed and remanded the conviction. The State in its petition for discretionary review argues that the Dallas Court of Appeals reversal, based upon the impro priety of the prosecutor’s reference to the appellant’s failure to testify, was in error.

The record reflects the following transpired during the State’s…