Isaac Benavidez v. The State of Texas

Summary

The Fourth Court of Appeals of San Antonio affirmed Isaac Benavidez’s convictions for continuous sexual assault of a child and indecency with a child by sexual contact. Benavidez argued that the State improperly commented during punishment-phase closing argument on his failure to testify, but the court held that he forfeited the complaint by failing to object. The court relied on the preservation rule stated in Cockrell v. State.

Holdings

1. A defendant forfeits a complaint about improper jury argument by failing to object; therefore, Benavidez's challenge to the State's comment on his failure to testify was waived.

Questions Presented

1. Whether the State improperly commented during punishment-phase closing argument on Benavidez's failure to testify.
2. Whether Benavidez preserved that complaint for appellate review by objecting in the trial court.

Disposition

affirmed