Lemon v. State

OPINION

Opinion by:

MARIALYN BARNARD, Justice.

A jury found William Andrew Lemon guilty of one offense of indecency with a child and two offenses of aggravated sexual assault of a child. On appeal, Lemon contends the trial court abused its discretion when it allowed the State to engage in an improper jury argument. During the State’s final concluding remarks, the State told the jury that Lemon failed to call an appointed DNA expert as a witness. Although we hold the State’s comment was improper, the comment does not constitute reversible error. We affirm the trial court’s ruling.

Background

Lemon…