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ROGERS v. STATE

No. 14-05-00538-CR.

200 S.W.3d 233 (2006)

Toby Eugene ROGERS, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

June 22, 2006.

Attorney(s) appearing for the Case

Mary Jo Holloway, Brenham, for Appellant.

Stephen Christopher Taylor, Humble, for State.

Panel consists of Chief Justice HEDGES and Justices YATES and GUZMAN.

OPINION

ADELE HEDGES, Chief Justice.

Appellant, Toby Eugene Rogers, appeals from his conviction for assault on a family member—enhanced. A jury found him guilty and assessed punishment at ten years' imprisonment. In two issues, appellant contends that (1) the evidence is legally insufficient to support the conviction, and (2) the trial court erred by not granting a mistrial when extraneous offenses were raised during trial in violation of the motion...

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