PHILLIPS, ANDRE TREMOND v. the State of Texas

• Court: Court of Criminal Appeals of Texas
• Decided: November 1, 2023
• Docket: PD-0427-22
• Status: Published

Opinion

In the Court of Criminal Appeals of Texas ══════════ No. PD-0427-22 ══════════

ANDRE TREMOND PHILLIPS, Appellant

v.

THE STATE OF TEXAS

═══════════════════════════════════════ On Appellant’s Petition for Discretionary Review From the Second Court of Appeals Tarrant County ═══════════════════════════════════════

Per curiam.

A jury convicted Appellant of driving while intoxicated with a felony repetition enhancement. See TEX. PENAL CODE §§ 49.04, 49.09(b). The Second Court of Appeals affirmed his conviction. Phillips v. State, 651 S.W.3d 677 (Tex. App.—Fort Worth 2022). PHILLIPS – 2

We initially granted discretionary review to consider the court of appeals’ holding that the trial court did not commit reversible error when it overruled Appellant’s objections to the State’s guilt-phase closing argument that Appellant was “not taking responsibility.” We now conclude that our grant of discretionary review was improvident and, therefore, dismiss Appellant’s petition for discretionary review as improvidently granted. See TEX. R. APP. PROC. 69.3.

DELIVERED: November 1, 2023 PUBLISH