Davis v. State

TEAGUE, Judge,

concurring.

I write only because of the fact that almost on a weekly basis members of this Court are exposed to improper prosecutorial jury arguments and I am fearful that one or more prosecuting attorneys of this State may misinterpret the majority opinion.

I believe that the first sentence of the stated argument was proper because the facts of this case reflect that this 17 year old defendant was “mean, vicious, self-centered, and totally devoid of feelings for other human beings” when he committed the offense of aggravated robbery of the complainant.

However, standing alone, the last sentence of the argument that is stated on page one of the majority opinion is improper for the reasons stated in the dissenting opinion filed by Judge Clinton.

But, fortunately for the State, the improper one sentence does not stand alone. There is more in this cause that justified the argument, in particular, what appellant’s trial counsel had earlier argued to the jury. I, therefore, conclude that appellant’s counsel “opened the door” to the prosecuting attorney’s argument.

Therefore, I agree with the result the majority opinion reaches. However, under another record, the portion of the argument quoted on page one of the majority opinion might become reversible error. I therefore caution prosecuting attorneys of this State to treat gingerly what this Court has stated in its majority opinion.