Archie v. State (2007)
In Archie v. State, 221 S.W.3d 695, 699 (Tex. Crim. App. 2007), the court held that a harm analysis is employed only when there is error, and ordinarily, error occurs only when the trial court makes a mistake.
If the trial court sustains a defense objection and instructs the jury to disregard, the only adverse ruling, i.e., the only occasion for making a mistake, was the denial of the motion for mistrial. Id.
Accordingly, the only issue "is whether the refusal to grant the mistrial was an abuse of discretion," and an analysis under Rule 44.2(a) of the Texas Rules of Appellate Procedure is erroneous. Id. at 700.