Jimmy Don Matthews v. State ( 2013 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-12-00180-CR JIMMY DON MATTHEWS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 102nd District Court Bowie County, Texas Trial Court No. 12-F-584-102 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Jimmy Don Matthews appeals from his conviction by the trial court for criminal mischief resulting in damages of $1,500.00 or more but less than $20,000.00, and sentence of one year in state jail. Matthews has filed a single brief, in which he raises issues common to all of his appeals. 1 He argues that the trial court erred: (1) in failing to instruct the jury to disregard testimony of a witness speaking to Matthews’ prior bad acts and extraneous offenses and (2) in failing to grant a motion for mistrial “based on the State’s willful violation of the trial court’s ruling on Defendant’s Motion for Discovery.” We addressed these issues in detail in our opinion of this date on Matthews’ appeal in cause number 06-12-00179-CR. For the reasons stated therein, we likewise conclude that error has not been shown in this case. We affirm the trial court’s judgment. Josh R. Morriss, III Chief Justice Date Submitted: June 5, 2013 Date Decided: June 18, 2013 Do Not Publish 1 Matthews also appeals from a conviction of criminal mischief resulting in damage of $20,000.00 or more but less than $100,000.00 in our cause number 06-12-00179-CR. 2