EX PARTE GARZA

No. PD-0381-09.

337 S.W.3d 903 (2011)

Ex parte David GARZA.

Court of Criminal Appeals of Texas.

May 4, 2011.


Attorney(s) appearing for the Case

Michael Pena , Houston, for Appellant.

Bridget Holloway , Asst. D.A., Houston, Jeffrey L. Van Horn , State's Attorney, Austin, for State.


OPINION

PRICE, J., delivered the opinion of the court in which MEYERS, WOMACK, JOHNSON, KEASLER and HERVEY, JJ., joined.

After the jury was empaneled and sworn in this misdemeanor prosecution for driving while intoxicated, but before trial commenced, one of the jurors became at least temporarily indisposed for health reasons and the trial was continued for a few days. Ultimately, the trial court declared a mistrial over the appellant's objection....

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