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STATE v. HERNANDEZ

Nos. 03-11-00013-CR, 03-11-00016-CR.

363 S.W.3d 745 (2011)

The STATE of Texas, Appellant, v. Daniel Joe HERNANDEZ, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 30, 2012.

Attorney(s) appearing for the Case

Blake Williams , Assistant District Attorney, Lisa C. McMinn , State Prosecuting Attorney, Austin, TX, for The State of Texas.

Dexter E. Gilford , Law Office of Dexter E. Gilford, Austin, TX, for Appellee.

Before Chief Justice JONES, Justices PEMBERTON and HENSON.

OPINION

DIANE M. HENSON, Justice.

This is an appeal from a trial court order granting appellee Daniel Joe Hernandez's motion for new trial based on juror bias arising from an in-court altercation between Hernandez and a witness. The jury found Hernandez guilty of murder and aggravated assault. See Tex. Penal Code Ann. §§ 19.02, 22.02 (West 2011). The court granted the motion for new trial after sentencing Hernandez to thirty-five...

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