Court of Criminal Appeals of Texas

Noel Betancort Ramon, Appellant v. the State of Texas

December 15, 20042004 Tex. Crim. App. LEXIS 2144

Summary

The Court affirmed the trial court’s denial of a mistrial after the prosecutor testified as a fact witness, holding that the error was harmless because the misconduct was not severe, the trial judge’s instruction cured any prejudice, and the evidence of guilt was strong. The opinion also reiterated that prosecutors should not serve as witnesses absent an extraordinary necessity.