Legal Opinion

Hernandez v. State

Court of Appeals of Texas

Decided June 19, 2003No. 2-01-479-CR, 2-01-480-CRPublishedCited by 15 opinions

1Opinion of the Court

OPINION

SAM J. DAY, Justice.

Appellant appeals his two convictions for aggravated robbery and his conviction for engaging in organized criminal activity, raising four points. Appellant claims that the trial court erred: 1) by denying Appellant’s motion for mistrial based on the prosecutor’s improper jury argument in the guilt/innocence phase of the trial that was a comment on Appellant’s failure to testify; 2) by allowing the prosecutor’s improper jury argument in the punishment phase of the trial that was a comment on Appellant’s failure to testify; 3) by allowing the prosecutor to call…

2Cases cited14 opinions

  1. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  2. Wesbrook v. StateCourt of Criminal Appeals of Texas · 2000
  3. King v. StateCourt of Criminal Appeals of Texas · 1997
  4. Patrick v. StateCourt of Criminal Appeals of Texas · 1995
  5. Dinkins v. StateCourt of Criminal Appeals of Texas · 1995

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

3Cited by15 opinions

  1. Garcia v. State, Texas Court of Appeals, 1st District (Houston)2007
  2. Vasquez v. StateSupreme Court of South Carolina · 2010
  3. Anthony Vargas Gonzales A/K/A Anthony Gonzales v. State, Texas Court of Appeals, 2nd District (Fort Worth)2004
  4. Anthony Vargas Gonzales A/K/A Anthony Gonzales v. State, Texas Court of Appeals, 2nd District (Fort Worth)2004
  5. Calixto Garcia v. State, Texas Court of Appeals, 1st District (Houston)2007

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

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