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BOGUE v. STATE

No. 06-06-00086-CR.

204 S.W.3d 828 (2006)

Steven Neal BOGUE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided October 13, 2006.

Attorney(s) appearing for the Case

Troy A. Hornsby, Miller, James, Miller & Hornsby, L.L.P., Texarkana, for appellant.

Randal Lee, Crim. Dist. Atty., Linden, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice ROSS.

A jury found Steven Neal Bogue guilty of felony driving while intoxicated. See TEX. PEN.CODE ANN. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp.2006). Bogue now appeals, alleging that reversible error occurred at his trial when the alternate juror was not excused (following submission of the case to the jury), but was instead allowed to spend less than fifteen minutes in the jury room before the error was realized...

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