Barnhill v. State

OPINION

BENAVIDES, Justice.

A jury found appellant guilty of theft, and the trial court assessed punishment at ten years in the Texas Department of Corrections and a fine of $2,000. The prison term was probated. We affirm the trial court’s judgment.

In his first point of error appellant contends that the trial court erred in failing to grant a mistrial when a State’s witness violated a motion in limine which prohibited the mentioning of extraneous offenses involving appellant. The witness, Robert Kelly, a service representative for an oil and gas service company, testified that he noticed a…