Chavez v. State

REAVIS, Justice.

Following his plea of not guilty, appellant Ricardo Chavez was convicted by a jury of aggravated assault with a deadly weapon and punishment was assessed at 15 years confinement. Presenting questions of first impression, by fourteen issues and three supplemental issues, appellant contends the trial court erred by refusing to discharge the jury when a juror became ill after the charge had been read during the guilt/innocence phase of the trial and proceeding with only 11 jurors. Based upon the rationale expressed herein, we reverse the judgment of the trial court and remand the…