Bjorgaard v. State

In Bjorgaard v. State, 220 S.W.3d 555, 562 (Tex. App.--Amarillo 2007), pet. dism'd, improvidently granted, 253 S.W.3d 661 (Tex. Crim. App. 2008), the appellant was charged with attempted sexual assault of his ten-year-old niece. The State introduced evidence that the appellant had previously been convicted of indecency with a child. Id. After determining the evidence should not have been admitted, the Amarillo court concluded that, even "if the jury did heed the trial court's admonishment, the admonishment itself could be viewed as permitting consideration of the evidence for an improper purpose." Id. at 562.