Simonton v. State

Shulman, Judge.

Defendant was convicted of burglary. On appeal, we affirm.

1. Appellant contends that the trial court erred in denying his motion for mistrial following the testimony of a co-indictee, tried separately for the same offense. Upon direct examination by the state, the co-defendant admitted committing the offense of burglary, for which crime defendant-appellant was presently standing trial. Appellant submits that such testimony unfairly prejudiced the defendant and that in the absence of corrective instructions, a mistrial should have been granted. We disagree.

As the co-indictee’s…