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We presume that a jury will obey a trial court docket’s instruction to ignore evidence that has not been admitted. Kipp v. State, 876 S.W.2d 330, 339 (Tex.Crim.App. 1994); Kemp v. State, 846 S.W.2d 289, 308 (Tex.Crim.App. 1992).
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Wead v. State, 129 S.W.3d 126, 129 (Tex.Crim.App. 2004). Reference by a witness to a defendant’s prior incarceration is improper as a result of it violates the long-standing basic rule of evidence that prohibits the introduction of collateral offenses. Tennard v. State, 802 S.W.2nd 678, 685 (Tex.Crim.App. 1990). A witness’s inadvertent reference to an extraneous offense usually may be cured by a immediate instruction to ignore. Rojas v. State, 986 S.W.2d 241, 250 (Tex.Crim.App. 1998); Sperling v. State, 924 S.W.2nd 722, 725 (Tex.App.-Amarillo 1996, pet. ref’d).
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When reviewing a problem to the jury cost, we must first decide whether or not error really exists within the charge. We conclude that the omission of an inexpensive doubt instruction did not represent error as a result of the State did not supply evidence of an extraneous offense. In this regard, Perales’s remark was not conscious of the prosecutor’s questioning. Furthermore, instantly after Perales made the comment, the trial courtroom instructed the jury to ignore it. As beforehand noted, we presume that the jury will obey a trial courtroom’s instruction to disregard proof.
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It can be unreasonable to require the trial court to incorporate an instruction to the jury within the courtroom’s cost about its consideration of Perales’s remark after the trial courtroom had previously instructed the jury to disregard it. Moreover, the Texas Court of Criminal Appeals has held that a trial court isn’t required to sua sponte instruct the jury on the burden of proof to be used when contemplating proof of an extraneous offense during the guilt part. See Delgado v. State, 235 S.W.3d 244, 254 (Tex.Crim.App. 2007). This Court’s Ruling The judgment of the trial court docket is affirmed. All the Stars We’ve Lost in 2020It’s all the time hard to lose someone you’re keen on — whether they cross away unexpectedly or depart this earth in their golden years. And the superstar deaths in 2020 up to now aren’t any exception to that rule.
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Perales’s comment was not responsive to the State’s question, and our review of the report reveals that it was unintentionally elicited. Although the remark was prejudicial to appellant, it was not of such character that an instruction to ignore could not have eliminated the impression produced in the minds of the jurors. Furthermore, after Perales made the comment, the trial court confirmed with the prosecutor that Perales had been subsequently admonished to not point out any prior unhealthy acts in her testament. We conclude that the trial courtroom’s prompt instruction was sufficient to cure the bias caused by Perales’s comment. Accordingly, the trial courtroom did not abuse its discretion in denying the motion for mistrial.
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