Gutierrez v. State

OPINION

SEERDEN, Justice.

Appellant was convicted of unauthorized use of a vehicle. By two grounds of error, he challenges the use of testimony of his former parole officer to prove a prior felony conviction during the punishment phase of his trial, and the court’s failure to grant a mistrial after admission of the testimony. From the statutory range of 2 to 10 years’ confinement, the jury selected 10 years. We reverse and remand.

The State called Joe Gonzalez, a federal parole officer who identified appellant and testified that he supervised him from May, 1980, to October, 1983. When he was…