McGee v. State

COHEN, Justice,

concurring.

I join Justice Hedges’ opinion for several additional reasons. The evidence of guilt was overwhelming; I see no chance that Ms. McLean’s remark could have interfered with the jury’s deliberation of the case. Moreover, the judge’s instruction to disregard should be presumed, at least on this state of the record, to have cured any possible harm. Because the State did not cause this error, affirming the judgment will not encourage its repetition. Finally, the error was plainly harmless at the punishment stage because appellant received the minimum punishment after his prior convictions were proved by overwhelming evidence, including his own testimony.