Allen v. State

OPINION ON MOTION FOR REHEARING

ANNE GARDNER, Justice.

We deny Appellant’s motion for rehearing. We withdraw our opinion and judgment of June 15, 2006, and substitute the following.

Introduction

Appellant Dwayne Mesiah Allen appeals from his conviction for murder. In two points, Appellant argues that the trial court erred by allowing the State to introduce undisclosed extraneous-offense evidence and by refusing to grant a mistrial after a State’s witness interjected hearsay despite the trial court’s instruction not to do so. We affirm.

Background

Appellant does not challenge the legal or factual…