Opinion

Cockerham v. State

  • 729 S.W.2d 742
  • 1987 Tex. Crim. App. LEXIS 573
Court
Court of Criminal Appeals of Texas
Filed
Apr 8, 1987
Status
Published
Author
Miller
On the bench
Miller, Clinton, Onion, Davis, McCormick, White
Cited by
7 cases
Authority
More cited than 68.2%

The opinion

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant’s conviction for aggravated robbery was reversed by the Court of Ap *743 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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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