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McBURNETT v. STATE

No. 02-19-00418-CR.

629 S.W.3d 660 (2021)

Jason Neal McBURNETT, Appellant v. The STATE of Texas.

Court of Appeals of Texas, Fort Worth.

Discretionary Review Refused June 23, 2021.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLANT: KIMBERLEY CAMPBELL , FACTOR & CAMPBELL, FORT WORTH, TEXAS.

ATTORNEYS FOR STATE: SHAREN WILSON , CRIMINAL DISTRICT ATTORNEY; JOSEPH W. SPENCE , CHIEF OF POST CONVICTION; SHELBY J. WHITE , DANIELLE BONANNO , KACEY FICKES , ASSISTANT CRIMINAL DISTRICT ATTORNEYS FOR TARRANT COUNTY, FORT WORTH, TEXAS.

Before Kerr, Birdwell, and Walker, JJ.

OPINION

Jason Neal McBurnett appeals his conviction for aggravated sexual assault of a child, K.M. He raises two points on appeal, contending that the trial court erred by denying his motion for mistrial following a reference to his incarceration and by refusing his request to include an instruction on the mitigation...

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