Rufino Rodriguez Gonzales, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the lower appellate court's decision and remanded for further consideration, holding that the trial court did not err in denying a mistrial despite the prosecutor's improper question because the error was harmless after the question was withdrawn and the jury instructed to disregard it, and that a motion in limine does not preserve error unless an objection is made at the time the evidence is offered. Justice TEAGUE dissented, arguing the improper question could have prejudiced the sentencing and constituted incurable error.