took place: [Appellant]: I — I couldn’t believe what was going on. At that point he was a mugger. I’m not going to sign anything from a mugger, somebody who has assaulted me, not once, not twice, but three times; and the third time — you’ve seen the pictures. You’ve seen what I’ve gone through. That’s in evidence. [Prosecutor]: Your Honor, my objection is that the defendant waived his right to testify. This is not a proper time for him to testify. [The court]: Overrule— [Appellant]: I’m just reviewing the evidence for the jury. I’m sorry? [The court]: Overrule the objection. You may proceed. [Appellant]: Thank you. Appellant did not object at trial to the prosecutor’s statement. As such, nothing is preserved for our review. See Johnson v. State, 629 S.W.2d 953, 954 (Tex.Crim.App.1982) (<HOLDING>). We overrule point of error one. LEGAL AND
holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review holding that prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense holding that the prosecutors reference to the nonexistence of mitigating evidence was not a comment on the defendants failure to testify