Cuthbertson v. State

ON MOTION FOR REHEARING

STONE, Judge.

We grant Appellant’s motion for rehearing, and, having considered supplemental briefing,1 withdraw our opinion of March 31,1993, and substitute the following opinion.

Appellant’s armed robbery conviction and sentence are reversed. It was error to deny a motion for mistrial where the state’s witness, on direct examination, testified, as follows, to prior irrelevant criminal acts by Appellant:

Q. Do you know Mr. Cuthbertson’s girlfriend?

A. Yes, I know her.

Q. Okay. How do you know her?

A. I know her by she have dropped him [appellant] off there and she bring the…