Tinch v. State

Pope, Judge.

Robert Lewis Tinch brings this out-of-time appeal from his conviction of burglary. His sole enumeration of error challenges the trial court’s denial of his motion for mistrial “based upon testimony implying a prior criminal association between appellant and codefendant [Bernard] Language and impermissibly placing appellant’s character in issue.”

The testimony complained of, given by a police officer on direct examination by the state, was that the officer had seen appellant and codefendant Language together before. Following appellant’s motion for mistrial, all parties stipulated…