Chester v. State

In Chester v. State, 167 S.W.3d 935 (Tex. App.--Amarillo 2005, pet. ref'd), during closing argument at punishment the prosecutor remarked, "If there is a 20 year sentence, Mr. Chester will not become eligible for parole until his actual time served, plus whatever credit they give him for good time served, equals 5 years . . . ." 167 S.W.3d at 936. The Seventh Court of Appeals, after lauding the State for conceding error, held that the remarks were harmful, and remanded for a new punishment hearing. Id. at 936-38. The prosecutor stated that, "if there is a 20 year sentence, the defendant will not become eligible for parole until his actual time served, plus whatever credit they give him for good time served, equals 5 years, okay. That's what you know for sure." Chester, 167 S.W.3d at 936. The defendant lodged an objection to the prosecutor's statements on the ground that they constituted improper jury argument. The trial court overruled the objection. Id. On appeal, the defendant argued that the trial court erred in overruling his objection to the prosecutor's argument. The State conceded error. Id. The court held that the prosecutor's argument was harmful, and it remanded the case to the trial court for a new punishment hearing. Id. at 937--38.