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EX PARTE HERNANDEZ

No. 200-94.

906 S.W.2d 931 (1995)

Ex Parte Chris HERNANDEZ.

Court of Criminal Appeals of Texas, En Banc.

September 13, 1995.

Attorney(s) appearing for the Case

David C. Guaderrama, El Paso, for appellant.

Bruce W. Weathers, El Paso, Robert Huttash, State's Atty., Austin, for the State.

OPINION ON STATE'S MOTIONS FOR REHEARING

McCORMICK, Presiding Judge.

We granted the State Prosecuting Attorney's and the District Attorney's motions for rehearing in order to reexamine our holding that if a juror has become disqualified in a felony trial it is error for the trial court to grant a mistrial over a defendant's objection as opposed to proceeding with eleven jurors. We withdraw our original opinion and affirm the decision of the habeas...

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