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Gene Newton v. State
Citation: Not availableDocket: 02-07-00262-CR
Court: Court of Appeals of Texas; October 2, 2008; Texas; State Appellate Court
Gene Newton was convicted by a jury for possession of a controlled substance, specifically for possession with intent to deliver between four and 200 grams of cocaine. During the punishment phase, he admitted to enhancement allegations, leading to a 25-year sentence. Newton appealed, arguing that the trial court abused its discretion by not granting a mistrial following an objection to the State’s closing argument, which he claimed was improper. The court had sustained the objection and instructed the jury to disregard the comment but denied the mistrial request. The appellate court evaluated whether the trial court's denial constituted an abuse of discretion by considering the severity of the prosecutor's misconduct, the effectiveness of curative measures, and the likelihood of conviction without the misconduct. The comment made by the prosecutor was deemed improper as it introduced matters outside the trial record but was not considered extreme. It was made in response to a defense argument regarding the legality of the arrest. The court found the trial court's instruction to disregard sufficient to mitigate any potential prejudice, concluding that the comment did not impact the trial's outcome. Ultimately, the appellate court overruled Newton's point of appeal and affirmed the trial court's judgment.