Johnson v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated robbery. Following his plea of guilty, the jury assessed appellant’s punishment at 5 years.

In his first ground of error, appellant contends that the court erred in failing to grant a mistrial due to improper jury argument. He maintains that the argument was improper as a comment upon appellant’s failure to testify. Appellant did not testify, but offered testimony of his parents in support of his application for probation.

The complained of argument and counsel’s objection thereto are as follows:

“MR. WILLIAMS: ... And…