Esquivel v. State

Matthew Esquivel appeals his conviction by a jury of the offense of indecency with a child. The jury assessed his punishment at three years in the Texas Department of Criminal Justice -- Institutional Division. He asserts in two issues that the trial court erred in limiting his attorneys final argument by not allowing him to comment on the States failure to provide certain evidence where a portion of the evidence was excluded by his attorneys objection and that the trial court erred when it allowed the prosecution to argue outside the record that Esquivel could obtain counseling while in prison. We affirm the judgment as to Esquivels conviction, reverse the judgment as to Esquivels punishment, and remand for a new hearing on punishment.