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OCON v. STATE

No. PD-0297-08.

284 S.W.3d 880 (2009)

Johnny Ray OCON, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 3, 2009.

Attorney(s) appearing for the Case

Robert A. Leahey, Odessa, for Appellant.

Lisa C. McMinn, First Asst. State's Atty., Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court in which WOMACK, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Appellant, Johnny Ray Ocon, was charged with aggravated sexual assault of a child. On the second day of trial, defense counsel overheard one of the jurors talking on a cell phone in the men's restroom. The juror spoke negatively about the trial and its effect on his schedule. In addition to the talking juror and defense counsel, another...

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