(DOWNLOAD) "Robert Preston Gaddis v. State Texas" by First District, Houston Court of Appeals of Texas " eBook PDF Kindle ePub Free

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Title: Robert Preston Gaddis v. State Texas
Author : First District, Houston Court of Appeals of Texas
Release Date : January 25, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 60 KB

Description

Appellant was convicted by a jury of the misdemeanor offense of driving while intoxicated. Art. 6701L-1(b), V.A.T.S. The court assessed punishment at six months confinement in jail, probated for two years, and a fine of $200.00. The First Court of Appeals reversed the conviction, holding the argument of the prosecutor which referred to appellants refusal to take a breath test introduced evidence outside the record. Gaddis v. State, 714 S.W.2d 458 (Tex.App. - Houston [1st Dist.] 1986). We granted the States petition for discretionary review to determine whether the appeals court erred in holding the argument which implied that appellant refused to submit to a breath test because he knew his blood alcohol content would exceed .10 percent was outside the record. The States petition alleges the prosecutors argument was within the proper realm of jury argument, and moreover, if the argument was improper, it was not so harmful as to mandate reversal. Upon finding the prosecutors jury argument proper in this cause, we will reverse the judgment of the appeals court and remand this case to that court for further proceedings consistent with this opinion.