Funderburk v. State

SEARS, Justice.

Appellant was convicted of aggravated robbery. The jury found the enhancement paragraph true and assessed punishment at forty years confinement. We reverse.

Appellant raises four grounds of error. In his second ground of error, Appellant contends the trial court erroneously admitted evidence of an extraneous offense over Appellant’s objection. In his third ground of error, Appellant urges the trial court erred in overruling Appellant’s motion for a mistrial based on the improper admission of the extraneous offense. We sustain the second and third grounds of error.

Appellant was…