Guidry v. State

In Guidry v. State, 9 S.W.3d 133, 154 (Tex. Crim. App. 1999) the court held that there are two prosecutorial comments that appellant claims are outside the record: (1) that the victims and their families cry out for the death penalty; (2) that prisons are staffed by nurses and secretaries. Appellant is correct that neither of those items appear in the record, but the comments can arguably be justified on other grounds: comment: (1) as a plea for law enforcement and comment; (2) as a statement of matters within the realm of common knowledge. See Guidry, 9 S.W.3d at 154 (Tex. Crim. App. 1999)(pleas for law enforcement permissible);