Young v. State

in which KELLER, P.J., and KEASLER, HERYEY, HOLCOMB, and COCHRAN, JJ., joined.

This case requires us to decide two issues: May a defendant preserve error for appeal by moving for a mistrial without first making an objection and requesting an instruction to disregard? If he may, is it error to overrule such a motion for mistrial when an instruction to disregard could not have cured the harm of the objectionable event? Our answer to each question is, yes.

The appellant was convicted of aggravated sexual assault and sentenced to 75 years’ imprisonment and a $5,000 fine. The record shows that the…