Box v. State

I disagree with those parts of the majority opinion that find reversible error and remand this case for a new trial.

With respect to the prison-garb issue, I first think that appellant failed to preserve for appeal the argument that the trial court should have granted a mistrial. While appellant’s counsel prefaced his remarks to the trial court on this issue by stating that he had a “motion” to present, he made no request for a mistrial or any other specific form of relief. Generally, when an appellant does not request a mistrial, he cannot argue on appeal that the trial court’s failure to…