McIntosh v. State

HURLEY, Judge.

Prosecutorial error during cross-examination compels the reversal of defendant’s conviction and sentence.

Defendant was charged with burglary of a conveyance.1 On direct examination, he admitted to having eight convictions and volunteered that he was on parole. On cross-examination, the prosecutor recovered this ground and then asked, “What were you on parole for?” The defendant responded, “burglary.” Defense counsel did not interpose an immediate objection, but did move for a mistrial a few *148moments later. In our view, the motion for mistrial was sufficiently timely and specific…