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SPARKS v. STATE

No. 3-90-207-CR.

820 S.W.2d 924 (1991)

Charles SPARKS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

November 27, 1991.

Attorney(s) appearing for the Case

Bill Barbisch, Austin, for appellant.

Ronald Earle, Dist. Atty., William G. Reid, Asst. Dist. Atty., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

A jury found appellant guilty of burglary of a habitation. Tex.Penal Code Ann. § 30.02 (1989). The trial court assessed punishment at thirty-five years' confinement in the Texas Department of Criminal Justice Institutional Division.

In a single point of error, appellant asserts that the trial court erred in denying his motion for a mistrial following the State's improper introduction of testimonial evidence concerning its witness's...

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