State v. Daniel Joe Hernandez

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 years and fifteen years for the convictions, respectively. On appeal, the State argues that the trial court erred in granting the new trial because it incorrectly…