Byrd v. State

OPINION

MORRISON, Judge.

The offense is burglary with intent to commit theft; the punishment, enhanced under Article 63, Vernon’s Ann.P.C., life.

Appellant’s first ground of error is that the court erred in failing to grant his motion for mistrial following the State’s tender of Officer Johnson’s offense report in evidence.

During cross-examination of Johnson, appellant learned that he had prepared an offense report and, upon request, received the same from the State. Appellant then continued his cross-examination. He did not use the report to impeach the witness. After the witness was excused,…