Court of Criminal Appeals of Texas

Denial of defendant's motion for mistrial was not an abuse of discretion. The prosecutor's comment in court, taken literally, concerned defendant's appearance or demeanor, not his failure to testify; any prejudicial effect was reasonably removed by the instruction to disregard.

Appellate Information

• Decided 03/10/2004
• Published 03/10/2004

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Tony Aninao, Houston, for appellant., Bridget R. Anderson, Assist. DA, Houston, Matthew Paul, State's Attorney, Austin, for state.