Borjan v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.1

The appellant was found guilty of the offense of aggravated rape of a child and assessed a punishment of twenty-five years confinement in the Texas Department of Corrections. See § 22.021, Tex. Penal Code. A majority of a panel of the Fourth Court of Appeals reversed the appellant’s conviction on the basis of an improper jury argument during the punishment phase. Borjan v. State, 715 S.W.2d 94 (Tex.App. San Antonio 1986, pet. granted). The State’s argument was held to be “outside the record, called upon the jury to speculate…