Gamez, Guillermo, PD-0205-15

Defendant Guillermo Gamez was convicted of aggravated assault for stabbing Oscar Alvarez and sentenced to 14 years' imprisonment; appeal followed from Tarrant County trial.
Facts: Alvarez was at home with Gloria Martinez (his girlfriend); Gamez forced into the apartment, a struggle occurred, and Alvarez sustained multiple stab wounds.
Gamez's defense at trial: self-defense (he admitted presence and a knife but claimed he acted out of fear).
At trial: (1) a witness (Gloria) testified she saw Gamez holding a knife with the blade exposed; (2) during closing argument the prosecutor told jurors Gloria had told police that night Gamez entered with a knife — but Gloria never testified to having told police that; defense objected and was overruled.
The Eighth Court of Appeals acknowledged the prosecutor’s statement was unsupported by the record but found the error harmless and affirmed the conviction.

Issue	Plaintiff's Argument (Gamez)	Defendant's Argument (State)	Held
Whether prosecutor’s closing argument referring to out-of-record statement (Gloria told police Gamez had a knife) was reversible error	The prosecutor improperly injected evidence outside the record that bolstered Gloria’s testimony and destroyed Gamez’s self-defense theory; the error affected his substantial rights and requires reversal	Error was harmless: (a) Gloria did testify she saw Gamez with a knife; (b) the prosecutor’s remark was brief, not repeated, and the evidence of guilt and severity of wounds was strong	Court of Appeals: Error acknowledged but harmless; conviction affirmed
Whether the trial court erred in denying mistrial over unsolicited hearsay (victim: "Everybody told me I was lucky to be alive")	Such unsolicited hearsay was prejudicial and extreme, potentially affecting jury perception; mistrial required if instruction cannot cure prejudice	The remark was brief, unsolicited, an instruction to disregard was given, and other evidence established severity of injuries; no mistrial required	Court of Appeals: Instruction to disregard cured any harm; denial of mistrial not an abuse of discretion

Freeman v. State, 340 S.W.3d 717 (Tex. Crim. App. 2011) (closing argument may not introduce facts outside the record; such error is nonconstitutional and analyzed for harm)
Martinez v. State, 17 S.W.3d 677 (Tex. Crim. App. 2000) (harm analysis for nonconstitutional error balances severity, curative measures, and certainty of conviction)
Ovalle v. State, 13 S.W.3d 774 (Tex. Crim. App. 2000) (presumption that a jury follows a trial court's instruction to disregard; such instructions ordinarily cure improper testimony)