Archie v. State

OPINION

Trent Archie, the appellant, was convicted by a jury of murder, and the judge assessed punishment at forty years’ imprisonment. In a published opinion, the Tenth Court of Appeals in Waco reversed the appellant’s conviction and remanded the cause to the trial court, concluding that the trial court abused its discretion by denying the appellant’s motion for a mistrial. 1 In its petition for discretionary review, the State Prosecuting Attorney (SPA) argues that the court of appeals erred when it found that the prosecutor improperly commented on the appellant’s failure to testify during…