David Cruz, Appellant v. the State of Texas

Summary

The Court held that the prosecutor’s closing‑argument remarks were not an impermissible comment on the appellant’s failure to testify because they referred to the appellant’s own written statement, and that the appellant had properly preserved error by filing a timely motion for mistrial even without first requesting an instruction to disregard. Accordingly, the Court vacated the Court of Appeals’ judgment and remanded for consideration of the remaining issues.