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JENNINGS v. STATE

No. 04-01-00658-CR.

107 S.W.3d 85 (2003)

Jacob Lee JENNINGS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 31, 2003.

Attorney(s) appearing for the Case

Melaina L. Hood, Attorney At Law, San Antonio, for Appellant.

Mary Beth Welsh, Asst. Criminal Dist. Atty., San Antonio, for Appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, and SARAH B. DUNCAN, Justice.

Opinion by SARAH B. DUNCAN, Justice.

A jury found Jacob Jennings guilty of possession of a switchblade knife, a prohibited weapon. He was sentenced to one year in jail, probated for two years, and fined $300.00. We hold the trial court abused its discretion in denying Jennings' motion for a new trial because the uncontroverted evidence establishes juror misconduct. Accordingly, we reverse the trial court's judgment and remand the cause for a new trial.

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