Cockerham v. State

729 S.W.2d 742, 1987 Tex. Crim. App. LEXIS 573

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant’s conviction for aggravated robbery was reversed by the Court of Ap peals. Cockerham v. State, 703 S.W.2d 334 (Tex.App.-Corpus Christi 1985). The Court of Appeals ruled that the prosecutor’s indirect comment on appellant’s failure to testify was both improper and harmful under Art. 38.08, V.A.C.C.P.

We granted the State’s petition for discretionary review to examine the correctness of this holding. Upon careful review of the briefs of the respective parties and of the Court of Appeals’ opinion, we find that the decision of the Court of Appeals is correct and does not merit further review by this Court. The State’s petition for discretionary review is therefore dismissed as improvidently granted, pursuant to Tex. R.App. Pro. Rule 202(k). Michalenko v. State, 678 S.W.2d 75 (Tex.Cr.App.1984); Pruitt v. State, 678 S.W.2d 76 (Tex.Cr.App.1984).