Turner v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

This is an appeal from a jury conviction for rape, a second degree felony. V.T.C.A., *192Penal Code Sec. 21.02(a) (repealed). The jury assessed appellant’s punishment at confinement for twenty years and a fine of $10,000.00.

On appeal, the appellant argued that the prosecutor improperly referred to his post-arrest silence during cross-examination. The Court of Appeals agreed with the appellant that this action violated his constitutional rights. The Court of Appeals reversed appellant’s conviction and remanded the cause for a new…