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YOUNG v. STATE

No. 904-02.

137 S.W.3d 65 (2004)

Carroll Dwayne YOUNG, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

June 9, 2004.

Attorney(s) appearing for the Case

Kenneth W. Smith, Houston, for Appellant.

Donald W. Rogers, Jr., Asst. DA, Houston, Matthew Paul, State's Atty., Austin, TX, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and KEASLER, HERVEY, 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...

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