Moscatelli v. State

OPINION

NYE, Chief Justice.

Appellant was convicted of murder after a plea of not guilty, and punishment was assessed by the jury at thirty-five years in prison and a fine of $10,000. Appellant brings three points of error and urges reversal on grounds that the trial court abused its discretion by denying appellant’s motion for mistrial when State’s witnesses violated the rule of exclusion of witnesses (the Rule) and spontaneously testified to an extraneous offense. Appellant further claims the trial court erred in “stacking” appellant’s state sentence on a federal sentence. We briefly review…