Legal Opinion

John Claude Sella v. State

Texas Court of Appeals, 8th District (El Paso)

Decided December 21, 2012No. 08-11-00028-CRPublished

1Opinion of the Court

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHN CLAUDE SELLA,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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No. 08-11-00028-CR

Appeal from the

213th District Court

of Tarrant County, Texas

(TC# 0961525D)

O P I N I O N

John Claude Sella appeals his felony conviction for driving while intoxicated. Sella contends that during the State’s closing argument, the trial court erred by overruling his objection to a rhetorical question asked by the State which Sella argues was a comment on his failure to testify. Finding no error, we affirm.

BACKGROUND

Sella was stopped for erratic driving at…

2Cases cited15 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  3. Wesbrook v. StateCourt of Criminal Appeals of Texas · 2000
  4. Patrick v. StateCourt of Criminal Appeals of Texas · 1995
  5. Harris v. StateCourt of Criminal Appeals of Texas · 1989

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