Evans v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for the offense of burglary; punishment, enhanced by proof of a prior felony conviction under the provision of V.T.C.A. Penal Code, Sec. 12.42(b), was assessed by the jury at imprisonment for 25 years.

The appellant contends the trial court erred in refusing to grant his motion for mistrial after a State’s witness allegedly brought an extraneous offense before the jury. He also contends that the court erred in admitting a confession in evidence and that he was improperly sentenced.

During the prosecutor’s examination of State’s…