LEE v. STATE

No. 01-88-00533-CR.

775 S.W.2d 59 (1989)

Raymond Harold LEE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 27, 1989.


Attorney(s) appearing for the Case

Terrence Gaiser, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Jose Gonzalez-Falla, Alvin Munnery, Asst. Dist. Attys., Houston, for State.

Before EVANS, C.J., and DUNN and MIRABAL, JJ.


OPINION

MIRABAL, Justice.

A jury convicted appellant of burglary of a habitation while armed with a deadly weapon. The jury assessed punishment at 55 years confinement.

Appellant filed a motion for new trial based on jury misconduct, claiming the jury discussed both the effect of parole and the fact that appellant did not testify on his own behalf.

After an evidentiary hearing, and upon the State's agreeing to the granting of a new trial...

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