James Clarence Moore v. State Texas

Although I agree appellants petition for discretionary review should be refused, I believe the Court of Appeals reliance on Thomas v. State, 638 S.W.2d 481 (Tex.Cr.App. 1982), is misplaced. The Court of Appeals is correct in concluding a comment upon appellants lack of remorse is not an impermissible comment upon appellants failure to testify when there is evidence in the record supporting the comment. However, this conclusion, while correct, is more properly drawn from precedents other than Thomas, supra. I therefore concur in the refusal of appellants petition for discretionary review with the following comments.