Mares v. State

OPINION

ONION, Justice.1

This is an appeal from a conviction for possession of a controlled substance, to-wit: heroin in an amount of less than 28 grams. Following the jury’s verdict of guilty the trial court assessed appellant’s punishment at forty (40) years’ confinement in the Texas Department of Corrections.2

Appellant advances five points of error. In two points he challenges the sufficiency *123of the evidence to sustain his conviction. In addition, appellant contends the trial court erred in failing to grant his motion for mistrial when the prosecutor violated a granted motion in limine,…