Sparks v. State

ABOUSSIE, Justice.

A jury found appellant guilty of burglary of a habitation. Tex.Penal Code Ann. § 30.02 (1989). The trial court assessed punishment at thirty-five years’ confinement in the Texas Department of Criminal Justice Institutional Division.

In a single point of error, appellant asserts that the trial court erred in denying his motion for a mistrial following the State’s improper introduction of testimonial evidence concerning its witness’s agreement to take a polygraph test. We will reverse the judgment of the trial court.

I. BACKGROUND

At approximately 8:00 a.m. on Sunday morning,…