Alvarado v. State

Finding myself in disagreement with the other members of the court, I would like to record my respectful dissent. In his first ground of error, appellant complains that the trial court erred in failing to grant his requested mistrial during the prosecutor’s argument to the jury during the guilt phase. I would sustain this ground of error.

There were two trials of this cause, the first resulting in a mistrial. In a pretrial motion and hearing, appellant sought to have the testimony of his ex-wife suppressed on the ground that she was his now common law wife. The trial court refused to hold as a…