McCLELLAN v. STATE

No. 03-03-00451-CR.

143 S.W.3d 395 (2004)

Albert McCLELLAN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

August 12, 2004.


Attorney(s) appearing for the Case

Todd S. Dudley, Austin, for appellant.

Holly E. Taylor, Assistant District Attorney, Austin, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


OPINION

JAN P. PATTERSON, Justice.

In this case, we are asked to decide whether a trial court may dismiss a veniremember before the jury is sworn and proceed to trial, over a defendant's objection, with only eleven jurors. We hold that it may not do so and reverse and remand for a new trial.

FACTUAL BACKGROUND

In August 2002, Austin Police Officer Shillito stopped a vehicle for failing to observe a stop sign. When the driver, appellant...

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