Moore v. State

OPINION

HOLLIS HORTON, Justice.

Joseph Daniel Moore appeals his conviction for arson. On appeal, Moore argues that the trial court erred by excluding evidence and by commenting on evidence in the jury’s presence during the punishment phase of his trial. We affirm.

Background

The State asserted that Moore burned down his ex-wife’s residence and indicted him for arson. See Act of May 17, 2001, 77th Leg., R.S., ch. 976, § 1, 2001 Tex. Gen. Laws 2138, 2138-39 (current version at Tex. Pen.Code Ann. 28.02(a)(2) (Vernon Supp.2008)). The indictment also asserted that Moore had previously been convicted…