dissenting.
I differ with the majority in its treatment of the prosecutor’s highly improper jury argument. I feel as the court of criminal appeals in an earlier case must have in discussing improper prosecutorial conduct. It said, “We fail to understand just why a prosecuting attorney would depart from the well-established rules requiring that arguments be based upon evidence legally introduced in the case.” Summers v. State, 147 Tex.Crim. 519, 182 S.W.2d 720, 721 (1944).
Here, when the prosecutor first argued outside the record, the trial court sustained the defense objection and instructed the jury to disregard. We hold the instruction cured *719the error caused by the improper argument. When the prosecutor second argued outside the record and essentially told the jury not to be fooled because Raffaelli had high-priced lawyers, the trial court overruled the objection. Thus, because none was given, we cannot conclude that an instruction to disregard cured the error caused by the improper argument. In actuality, the court’s overruling of the objection told the jury to consider the improper argument. I decline to join the majority’s determination that, beyond a reasonable doubt, the improper argument and erroneous trial court ruling did not contribute to the conviction or punishment under Texas Rule of Appellate Procedure 81(b)(2).
Moreover, I decline to join in the majority’s decision for a further reason. In ruling on the harmfulness of errors committed by the prosecutor, we should consider whether declaring the error harmless will encourage the prosecutor to repeat the error with impunity. Harris v. State, 790 S.W.2d 568, 587 (Tex.Crim.App.1989). The majority’s decision gives prosecutors a signal to go ahead and violate well-established rules. I would hold this error harmful in hopes that next time the prosecutor might be inclined to properly argue the case.
For these reasons, I dissent.
Additionally, I decline to join in that portion of the majority’s opinion which discusses the audio portion of the visual recording offered into evidence. Although no point of error is directed specifically to it, there were many editorial remarks and comments by the officer in charge concerning Raffaelli himself and his actions during the course of the visual recording. The visual recording mandated by Article 6701J-1 does not contemplate that such remarks and comments will be presented to the fact finder. Tex.Rev.Civ. StatAnn. art. 6701Z — 1 (Vernon Supp.1994). Neither the Miffleton decision nor the Jones decision, cited by the majority, approve the use of such comments on the audio recording. In fact, the more recent Jones decision twice emphasizes that the officer giving the test in that case made no comments other than those necessary to inform Jones of her rights and to instruct her. Jones v. State, 795 S.W.2d 171, 176 (Tex.Crim.App.1990). The majority’s discussion of the audio portion of the visual recording might be construed as holding that the comments and remarks of the officer throughout were admissible because they did not seek to compel incriminating testimony from Raffaelli. Therefore, I decline to agree with that part of the majority’s opinion.