OPINION
GRAY, Justice.
Fred Russell, Jr. was convicted by a jury of the felony offense of failure to stop and render assistance after a plea of not guilty. The jury sentenced him to five years imprisonment. On appeal, he contends that: (1) the trial court erred in not sustaining his objection to the court’s expansion of the necessity definition in the jury charge, and (2) the trial court erred in not granting his request for a mistrial following an improper question by the State. We affirm the judgment of the trial court.
Facts
On December 14, 1997 at approximately 3:00 a.m., Russell and Tim Cavender were involved in an auto accident. James Roberson testified that, shortly before the accident, he had watched Russell and Ca-vender pass and weave around each other until they traveled out of his sight, disappearing over a hill. As Roberson topped the hill, he could see some lights facing in his direction, however, the car was in the ditch next to the right shoulder of the highway. The car slowly proceeded down the shoulder of the road, then moved onto the road and left. As the other car left, Roberson saw a body lying motionless in the road. Police later identified the body as that of Tim Cavender. There was also a weapon found at the scene. The car that fled the scene was later identified as that belonging to Russell. Russell was charged with the failure to stop and render aid.
Russell testified that Cavender had pulled up beside him on the highway holding something in his hand. Russell stated that he was afraid for his life because it looked like some type of gun. The investigating officer testified that apparently Ca-vender had made an abrupt lane change to the right, passing in front of Russell’s vehicle. As Cavender passed in front of Russell, he crossed over too far causing his pick-up to skid in front of Russell’s car. Russell tried to brake but he was unsuccessful and hit Cavender’s pick-up while it was almost sideways. Cavender’s pick-up traveled sideways for approximately 240 feet turning over twice, throwing Cavender from the vehicle.
Issue 1: Definition of Necessity
In his first issue, Russell argues the trial court erred in not sustaining his objection to the court’s expansion of the necessity definition in the jury charge. [69]*69The record indicates that Russell tendered to the trial court language for the “defense of necessity.” The State made no objections and the trial judge stated that he had no problems with the particular language offered by the defense. However, the judge thought that the necessity charge needed an additional instruction. Russell’s attorney objected to this addition arguing that the trial court’s instruction was not consistent with the statutory definition of necessity.
When reviewing alleged errors in the jury charge, an -appellate court must undertake a two-step review: first, the court must determine whether error actually exists in the charge, and second, the court must determine whether sufficient harm resulted from the error to require reversal. Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1984); see also Gibson v. State, 726 S.W.2d 129, 132 (Tex. Crim.App.1987). Thus, we must first determine whether there was in fact charge error as a result of the trial court’s additional instruction regarding the availability of the necessity defense.
The Penal Code defines the defense of necessity as follows:
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent hatm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
Tex.Pen.Code Ann. § 9.22 (Vernon Supp. 2001) (emphasis added). The language in the charge tracked subsections (1) and (2) of the necessity statute. The charge also included a definition and instruction relating to “reasonable belief.” Additionally, the trial court included the following instruction:
This defense of justification or necessity is not available if the risk of eminent [sic] harm reasonably appreciated by the actor has ceased to exist at the time the alleged unlawful conduct occurred.
Russell argues that the Court’s instruction was not part of the necessity definition but was instead the Court’s opinion of the testimony presented, and thus, a violation of Article 36.14. See Tex.Code Crim.Proc. Ann. art. 36.14 (Vernon Supp.2001). In particular, Russell contends that the Court’s expansion of the definition is in essence: (1) expressing an opinion as to the weight of the evidence; (2) summing up the testimony; and/or (3) discussing the facts or an argument in the charge calculated to arouse the sympathy of the jury. In response, the State argues that the instruction added by the Court was consistent with the definition of necessity and it was not the trial court’s opinion of the testimony.
The choice of language by the trial judge, though trying to clarify the statute, is inappropriate if it draws particular attention to the evidence regarding the defendant’s state of mind. Even a seemingly neutral instruction about a particular type of evidence constitutes an impermissible comment on the weight of the evidence because such an instruction singles out a particular piece of evidence for special attention. See id.; Zani v. State, 758 S.W.2d 233, 245 (Tex.Crim.App.1988). We find that the trial court impermissibly expressed an opinion on the weight of the evidence in violation of Article 36.14. See Tex.Code Crim.PROC.Ann. art. 36.14 (Vernon Supp.2001).
[70]*70Harm Analysis
We must now determine whether sufficient harm resulted from the error to require reversal. The manner in which the jury charge error is reviewed on appeal is prescribed by Texas Code of Criminal Procedure Article 36.19 and Almanza. Almanza v. State, 686 S.W.2d 157 (Tex. Crim.App.1984); Tex.Code CRim.Proc.Ann. art. 36.19 (Vernon Supp.2000). The degree of harm that must be present to require reversal depends upon whether the error was preserved or unpreserved. Arline v. State, 721 S.W.2d 348, 351 (Tex. Crim.App.1986). If the error in the charge was the subject of a timely objection in the trial court, then reversal is required if the error is “calculated to injure the rights of defendant,” which means no more than that there must be some harm to the accused from the error. Ovalle v. State, 13 S.W.3d 774 (Tex.Crim.App. 2000). In other words, an error which has been properly preserved by objection will call for reversal as long as the error is not harmless. Id.
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OPINION
GRAY, Justice.
Fred Russell, Jr. was convicted by a jury of the felony offense of failure to stop and render assistance after a plea of not guilty. The jury sentenced him to five years imprisonment. On appeal, he contends that: (1) the trial court erred in not sustaining his objection to the court’s expansion of the necessity definition in the jury charge, and (2) the trial court erred in not granting his request for a mistrial following an improper question by the State. We affirm the judgment of the trial court.
Facts
On December 14, 1997 at approximately 3:00 a.m., Russell and Tim Cavender were involved in an auto accident. James Roberson testified that, shortly before the accident, he had watched Russell and Ca-vender pass and weave around each other until they traveled out of his sight, disappearing over a hill. As Roberson topped the hill, he could see some lights facing in his direction, however, the car was in the ditch next to the right shoulder of the highway. The car slowly proceeded down the shoulder of the road, then moved onto the road and left. As the other car left, Roberson saw a body lying motionless in the road. Police later identified the body as that of Tim Cavender. There was also a weapon found at the scene. The car that fled the scene was later identified as that belonging to Russell. Russell was charged with the failure to stop and render aid.
Russell testified that Cavender had pulled up beside him on the highway holding something in his hand. Russell stated that he was afraid for his life because it looked like some type of gun. The investigating officer testified that apparently Ca-vender had made an abrupt lane change to the right, passing in front of Russell’s vehicle. As Cavender passed in front of Russell, he crossed over too far causing his pick-up to skid in front of Russell’s car. Russell tried to brake but he was unsuccessful and hit Cavender’s pick-up while it was almost sideways. Cavender’s pick-up traveled sideways for approximately 240 feet turning over twice, throwing Cavender from the vehicle.
Issue 1: Definition of Necessity
In his first issue, Russell argues the trial court erred in not sustaining his objection to the court’s expansion of the necessity definition in the jury charge. [69]*69The record indicates that Russell tendered to the trial court language for the “defense of necessity.” The State made no objections and the trial judge stated that he had no problems with the particular language offered by the defense. However, the judge thought that the necessity charge needed an additional instruction. Russell’s attorney objected to this addition arguing that the trial court’s instruction was not consistent with the statutory definition of necessity.
When reviewing alleged errors in the jury charge, an -appellate court must undertake a two-step review: first, the court must determine whether error actually exists in the charge, and second, the court must determine whether sufficient harm resulted from the error to require reversal. Almanza v. State, 686 S.W.2d 157, 171 (Tex.Crim.App.1984); see also Gibson v. State, 726 S.W.2d 129, 132 (Tex. Crim.App.1987). Thus, we must first determine whether there was in fact charge error as a result of the trial court’s additional instruction regarding the availability of the necessity defense.
The Penal Code defines the defense of necessity as follows:
Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent hatm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
Tex.Pen.Code Ann. § 9.22 (Vernon Supp. 2001) (emphasis added). The language in the charge tracked subsections (1) and (2) of the necessity statute. The charge also included a definition and instruction relating to “reasonable belief.” Additionally, the trial court included the following instruction:
This defense of justification or necessity is not available if the risk of eminent [sic] harm reasonably appreciated by the actor has ceased to exist at the time the alleged unlawful conduct occurred.
Russell argues that the Court’s instruction was not part of the necessity definition but was instead the Court’s opinion of the testimony presented, and thus, a violation of Article 36.14. See Tex.Code Crim.Proc. Ann. art. 36.14 (Vernon Supp.2001). In particular, Russell contends that the Court’s expansion of the definition is in essence: (1) expressing an opinion as to the weight of the evidence; (2) summing up the testimony; and/or (3) discussing the facts or an argument in the charge calculated to arouse the sympathy of the jury. In response, the State argues that the instruction added by the Court was consistent with the definition of necessity and it was not the trial court’s opinion of the testimony.
The choice of language by the trial judge, though trying to clarify the statute, is inappropriate if it draws particular attention to the evidence regarding the defendant’s state of mind. Even a seemingly neutral instruction about a particular type of evidence constitutes an impermissible comment on the weight of the evidence because such an instruction singles out a particular piece of evidence for special attention. See id.; Zani v. State, 758 S.W.2d 233, 245 (Tex.Crim.App.1988). We find that the trial court impermissibly expressed an opinion on the weight of the evidence in violation of Article 36.14. See Tex.Code Crim.PROC.Ann. art. 36.14 (Vernon Supp.2001).
[70]*70Harm Analysis
We must now determine whether sufficient harm resulted from the error to require reversal. The manner in which the jury charge error is reviewed on appeal is prescribed by Texas Code of Criminal Procedure Article 36.19 and Almanza. Almanza v. State, 686 S.W.2d 157 (Tex. Crim.App.1984); Tex.Code CRim.Proc.Ann. art. 36.19 (Vernon Supp.2000). The degree of harm that must be present to require reversal depends upon whether the error was preserved or unpreserved. Arline v. State, 721 S.W.2d 348, 351 (Tex. Crim.App.1986). If the error in the charge was the subject of a timely objection in the trial court, then reversal is required if the error is “calculated to injure the rights of defendant,” which means no more than that there must be some harm to the accused from the error. Ovalle v. State, 13 S.W.3d 774 (Tex.Crim.App. 2000). In other words, an error which has been properly preserved by objection will call for reversal as long as the error is not harmless. Id.
In determining whether the error was harmful and reversal is required, an evidentiary review must be conducted, as well as review of any part of the record as a whole that may illuminate the actual, not just theoretical, harm to the accused. Arline v. State, 721 S.W.2d 348, 351 (Tex. Crim.App.1986); Almanza, 686 S.W.2d at 174. The actual degree of harm must be assayed in light of the entire jury charge, the state of the evidence, including the contested issues and weight of probative evidence, the argument of counsel and any other relevant information revealed by the record of the trial as a whole. Ovalle, 13 S.W.3d 774. If any harm is found after conducting this review, then reversal is required.
Because Russell preserved error by objecting to the additional instruction, we analyze the case under the “some harm” test set forth in Almanza. Almanza, 686 S.W.2d. at 171. Under the “some harm” test, the presence of any harm is sufficient to require reversal. Abdnor v. State, 871 SW.2d 726, 732 (Tex.Crim.App. 1994). The Court of Criminal Appeals has eliminated any suggestion that the defendant has a burden of proof to establish harm from the improper instruction. See Ovalle v. State, 13 S.W.3d 774, 787 (Tex. Crim.App.2000). The Court stated the applicable procedure as follows:
We do not resolve the issue by asking whether the appellant met a burden of proof to persuade us that he suffered some actual harm, as the dissent would have it. No party should have a burden to prove harm from an error, and there ordinarily is no way to prove “actual” harm. Burdens and requirements of proving actual facts are appropriate in the law of evidence, but they have little meaning for the harmless-error decision.
In evaluating what effect, if any, an error had on the jury’s verdict, the appellate court may look only to the record before it. The function of a party carrying the burden is simply to suggest, in light of that record, how prejudice may or may not have occurred. At that point, the court makes its own assessment as to what degree of likelihood exists as to that prejudicial or non-prejudicial impact and then applies to that assessment the likelihood-standard of the particular jurisdiction.
Id.
The nature of the error is an expansion or further elaboration of the statutory definition of necessity. Reviewing the arguments of counsel during the guilt/innocence phase, the State did make one reference to the erroneous instruction that Russell complains of on appeal. However, [71]*71Russell also referred to this instruction in his closing, placing more emphasis on the instruction than the State. Defense counsel approached the erroneous instruction strategically. He argued:
... we’re going to walk toward this concept of necessity. And like I say when you get the jury charge, the definition is outlined for you and everything, I’m not going to read it to you and everything, but there is one paragraph, this last section says (reading) “This defense of justification of necessity is not available if the risk of imminent harm is reasonably appreciated by the actor has ceased to exist at the time of the alleged unlawful conduct.” And the reason I’m putting that in there and everything is because I want you to look at that because for you to deal with the defense of necessity, this charge first of all literally places you in the person of being a reasonable person, a prudent man that probably should be a prudent person, but it says prudent man, but that would include you ladies too. Okay. You need to get in the mind set and think what would be reasonably prudent if you were that individual, Fred Russell, at 3:00 a.m. on the morning of December 14th, 1997 on 31 going east. [72]*72Members of the jury, before I go further, before I recessed there was a question asked and maybe some preliminary talk about an alleged or purported conviction of the defendant with respect to an offense that was, a previous offense that was defined either stop, or failure to stop and render aid or failure to stop and give information. And the Court after some lengthy hearings and research has found that that question or that matters with respect, any matter with respect to that is, is improper. You are instructed not to consider any of those questions, responses, or any document which may have been offered with respect to such a matter for any purpose. Everybody understand? Okay. Let’s proceed. You may come back to the witness stand.
[71]*71We must next examine the state of the evidence at trial, including the contested issues and weight of probative evidence. The critical issue at trial was whether Russell was acting out of necessity at the time he fled the scene of the accident because he did not deny that he was involved in the accident with the victim. He sought to justify his failure to stop and render aid with the defense of necessity based upon his fear of Cavendar. However, the evidence establishes that notwithstanding the violent nature of the wreck, and that Ca-vendar was lying motionless in the road when Russell left the scene, Russell made no effort to report the accident or seek help for Cavendar. The jury could have easily determined that even if Cavendar had exhibited a weapon and that Russell was justified in being fearful of staying at the scene and going to Cavendar’s side to aid him, it did not excuse Russell from reporting the required information or getting help for Cavendar by reporting the accident from a remote location. Reviewing the charge as a whole, including the erroneous instruction, the jury was otherwise properly instructed on the necessity defense. Therefore, based upon a close inspection of the record, we cannot say that the error caused Russell some harm. Accordingly, we overrule Russell’s first issue.
Issue 2: Motion for Mistrial
In his second issue, Russell argues that the trial court erred in not granting his request for mistrial following prosecutorial misconduct in connection with an improper question by the prosecution. The alleged error occurred when the prosecutor asked Russell if he had a prior conviction for “failure to stop and render aid.” Russell responded in the affirmative and his counsel objected. Then there was a hearing outside the presence of the jury.
During the hearing, Russell’s counsel argued that it was a misnomer and that the prior conviction was for the failure to provide information, which is a misdemeanor and not the failure to stop and render aid. The State argued impeachment on the grounds that it was a crime of moral turpitude. After the hearing, defense counsel also requested that the court instruct the jury to disregard the question and answer and moved for a mistrial. The trial court sustained Russell’s objection and the court gave the jury an instruction to disregard as follows:
[72]*72The trial court then denied Russell’s motion for mistrial.
When the trial court sustains an objection and grants a request for an instruction for the jury to disregard but denies a motion for mistrial, the issue becomes whether the trial court erred in denying the mistrial. Carlock v. State, 8 S.W.3d at 723. Ordinarily, a prompt instruction to disregard will cure the prejudicial effect associated with an improper question and answer, even one regarding extraneous offenses. Ovalle v. State, 13 S.W.3d 774 (Tex.Crim.App.2000). The mere asking of an improper question will not constitute reversible error unless the question results in obvious harm to the accused. Brown v. State, 692 S.W.2d 497, 501 (Tex.Crim.App.1985) (citing Yarbrough v. State, 617 S.W.2d 221, 228 (Tex.Crim. App.1981)).
An instruction to disregard will be presumed effective unless the facts of the case “suggests] the impossibility of withdrawing the impression produced on the minds of the jury[.]” Waldo v. State, 746 S.W.2d 750, 754 (Tex.Crim.App.1988) (citing Hatcher v. State, 43 Tex.Crim. 237, 65 S.W. 97, 98 (1901)); Veteto v. State, 8 S.W.3d 805 (Tex.App.—Waco 2000, pet. ref'd). The effectiveness of a curative instruction is determined on a case-by-case basis. Id.; Fletcher v. State, 852 S.W.2d 271, 275 (Tex.App.—Dallas 1993, pet. ref'd). Although not expressly adopted as exhaustive or definitive, the Court of Criminal Appeals has relied on several factors to determine whether an instruction to disregard cured the prejudicial effect. Waldo, 746 S.W.2d at 754. They are as follows:
1. The nature of the error;
2. The persistence of the prosecution in committing the error;
3. The flagrancy of the violation;
4. The particular instruction given;
5. The weight of the incriminating evidence; and
6. The harm to the accused as measured by the severity of the sentence.
Id. We likewise rely on these factors. Veteto, at 805; Mendoza v. State, 959 S.W.2d 321, 324 (Tex.App.—Waco 1997, pet. ref'd).
Applying these factors to the case at hand, any prejudice caused by the prosecution’s question was cured by the trial court’s instruction. The prejudicial effect of the question by the prosecution was not of such a nature that it could not be cured by an instruction to disregard. The particular instruction given adequately instructed the jury not to consider the prosecution’s improper question and Russell’s answer for any purpose. Nor can it be argued the prosecution was persistent in committing the error or that the violation was fragrant. The improper question was only asked once. Although there was evidence introduced for the defense of necessity, the totality of the evidence supports [73]*73Russell’s conviction for the failure to stop and render aid. After reviewing the record in this case and applying the factors set out in Veteto, we conclude that the court’s instruction effectively cured the prejudicial effect, if any. Russell’s second issue is overruled.
Conclusion
Having overruled Russell’s two issues, we affirm the judgment of the trial court.
Justice VANCE dissenting.