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REYNA v. STATE

No. 13-92-001-CR.

846 S.W.2d 498 (1993)

Encarnacion REYNA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

January 7, 1993.

Attorney(s) appearing for the Case

Kyle Welch, McAllen, for appellant.

Theodore C. Hake, Cynthia A. Morales, Asst. Criminal Dist. Attys., Rene Guerra, Dist. and County Atty., Edinburg, for appellee.

Before NYE, C.J., and GILBERTO HINOJOSA and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

NYE, Chief Justice.

Encarnacion Reyna appeals from his conviction on the basis of jury misconduct. We are compelled to reverse the trial court's judgment because the record contains unequivocal evidence of jury misconduct which was uncontroverted by the State. Because we find the evidence sufficient to support appellant's conviction for aggravated sexual assault, we remand the cause for a new trial.

The State charged appellant with aggravated...

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