Hernandez v. State

Full title: ALFONSO HERNANDEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court: STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Case no: No. 10-12-00110-CR

Date published: Mar 27, 2014

Facts: 

The defendant was charged with the unlawful sale of whiskey in a dry area, with prior convictions alleged for enhancement. Testimony from Agent Green established the sale, and prior convictions were confirmed. The defendant did not testify but presented a witness regarding his employment history. The defense attempted to argue that one prior conviction had been previously dismissed for enhancement, but the court found otherwise.

Issue: 

Whether the defendant received a fair trial, considering the arguments made by the prosecutor during the trial.

Decision: 

The court affirmed the judgment, finding that the prosecutor’s arguments did not constitute reversible error. The arguments, which referenced the proximity of the defendant’s house to a church and questioned his employment status, were deemed to be within the bounds of legitimate advocacy. The court concluded that the arguments did not unfairly prejudice the defendant, and thus, the judgment was affirmed.

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