Pena v. State

Appellant Manuel Asuncion Pena appeals his conviction for aggravated sexual assault of a child, contending in six issues that the trial court (1) abused its discretion in admitting evidence that appellant sexually assaulted the complainant more than once and committed other acts of violence against the complainant because the State failed to give proper notice of its intention to introduce the evidence; (2) abused its discretion in failing to grant a mistrial because the State commented on appellant's Fifth Amendment right to remain silent and because the State "struck at appellant over…