Legal Opinion

Mestiza v. State

Texas Court of Appeals, 13th District

Decided April 11, 1996No. 13-93-704-CRPublishedCited by 25 opinions

1Opinion of the Court

OPINION

SEERDEN, Chief Justice.

A jury found appellant guilty of murder and assessed his punishment at forty years in prison. Appellant raises sixteen points of error. We affirm.

By point one, appellant contends that the prosecutor fundamentally erred during jury argument when she asked the jury to consider parole in assessing punishment. Appellant did not object when the argument was made. Failure to object to improper jury argument generally waives any error. Willis v. State, 785 S.W.2d 378, 385 (Tex.Crim.App.1989). However, when an argument is so egregious that an instruction to disregard…

2Cases cited11 opinions

  1. Cooks v. StateCourt of Criminal Appeals of Texas · 1992
  2. Polk v. StateCourt of Criminal Appeals of Texas · 1985
  3. Montoya v. StateCourt of Criminal Appeals of Texas · 1991
  4. Willis v. StateCourt of Criminal Appeals of Texas · 1989
  5. Fisher v. StateCourt of Criminal Appeals of Texas · 1993

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Gonzales v. State, Texas Court of Appeals, 10th District (Waco)1999
  2. Nhan Tu Hoang v. State, Texas Court of Appeals, 6th District (Texarkana)1999
  3. Resendez v. State, Texas Court of Appeals, 13th District2005
  4. Chavero v. State, Texas Court of Appeals, 13th District2001
  5. In re C.P.Court of Appeals of Texas · 1999

20 more not listed; retrieve them via the Exa API.

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