STATE v. RHODES

No. 04-97-00183-CR.

966 S.W.2d 610 (1998)

The STATE of Texas, Appellant, v. Stella RHODES, Appellee.

Court of Appeals of Texas, San Antonio.

Opinion Supplementing Decision on Denial of Rehearing May 20, 1998.


Attorney(s) appearing for the Case

Roderick B. Glass, Assistant Criminal District Attorney, San Antonio, for Appellant.

Ken Ward, Arthur Lim, Houston, for Appellee.

Before STONE, GREEN and ANGELINI, JJ.


OPINION

GREEN, Justice.

Stella Rhodes was charged by information with the offense of theft. After the jury was empaneled, a juror was absolutely disqualified. Although Rhodes agreed to a five-person jury, the State did not, and the trial court declared a mistrial. Later, the trial court granted Rhodes' application for writ of habeas corpus and dismissed the information. In two points of error, the State contends the trial court erred in granting Rhodes'...

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