Newby v. State

OPINION

JOHN S. ANDERSON, Justice.

A jury found appellant, James Arthur Newby, guilty of three counts of sexual assault of a child and assessed punishment at twenty years’ confinement in the Texas Department of Criminal Justice, Institutional Division for each count. See Tex. Penal Code Ann. § 22.011(a)(2) (Vernon 2003). The court ordered the sentences to run consecutively. In three issues, appellant argues the evidence is factually insufficient to sustain the verdict and the trial court erred in denying two motions for mistrial after the prosecutor made improper arguments.

FACTUAL AND…