Lopez v. State

OPINION

TIJERINA, Justice.

This is an appeal from a conviction for burglary of a habitation (repeater). TEX. PENAL CODE ANN. § 30.02 (Vernon 1974). The jury found appellant guilty as charged and the court assessed punishment at fifteen (15) years’ confinement.

Appellant here urges that the court erred: (1) in declining to grant a mistrial after several improper jury arguments; and (2) in admitting appellant’s “pen packet” under the authority of TEX.REV.CIV. STAT.ANN. art. 3731.

Appellant initially complains of improper and prejudicial jury argument by the prosecutor. Texas courts have approved…