Johnson v. State (Original)
Annotate this CaseDefendant argued on appeal that his trial was unfair because the trial court compelled him to testify at the punishment phase in violation of his Fifth Amendment right to silence. The court of appeals held that defendant did not knowingly, voluntarily, and intelligently waive his right to remain silent. Because it also concluded that defendant's failure to object did not waive his complaint for appellate review, it sustained defendant's Sixth Amendment claim and remanded the case to the trial court for a new punishment hearing. The court held, however, that defendant's choice to testify was voluntary and that his Fifth Amendment right to remain silent was not violated. Accordingly, the court reversed the judgment of the court of appeals and affirmed the judgment of the trial court.
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