Johnson v. State

Full title: Timothy Edward JOHNSON, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas, En Banc

Date published: Jun 4, 1986

710 S.W.2d 599 (Tex. Crim. App. 1986)

Opinion

Nos. 859-85, 860-85.

June 4, 1986.

Appeal from the 290th District Court, Bexar County, David A. Berchelmann, Jr., J.

Mark Stevens, Vincent D. Callahan, Les Mendelsohn, San Antonio, for appellant.

Sam D. Millsap, Jr., Dist. Atty. Barbara Hervey, Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of two counts of involuntary manslaughter and assessed his punishment at 10 years confinement, probated. On appeal the San Antonio Court of Appeals reversed the conviction. Johnson v. State, 693 S.W.2d 707 (Tex.App.-San Antonio 1985). Finding that the Court of Appeals was correct in holding that the prosecution engaged in improper jury argument, we refuse the state's petition for discretionary review.

However, the Court of Appeals went further and held that appellant was entitled to impeach his own witness. Finding that this holding was in error, we expressly disapprove it. See Sweeney v. State, 704 S.W.2d 33 (Tex.Cr.App. 1985).