Hall v. State

46 S.W.3d 264, 2001 Tex. Crim. App. LEXIS 41, 2001 WL 599697

Opinion

OPINION

The opinion was delivered

PER CURIAM.

Hall received a life sentence for aggravated sexual assault. The Court of Appeals held that during the closing argument of the punishment phase, the State improperly commented on Hall’s failure to testify.¹ As a result, the Court of Appeals reversed and remanded this case to the trial court for a new punishment hearing.²

We granted the State’s petition for discretionary review to address whether the Court of Appeals erred in finding that there was a comment on Hall’s failure to testify. We have determined that our decision to grant review was improvident. Therefore, the petition is dismissed.

Footnotes

1

. Hall v. State, 13 S.W.3d 115, 120 (Tex.App.—Ft. Worth 2000).

2

. Id.