Linnell v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

A jury convicted appellant of possession of a deadly weapon in a penal institution, Tex. Penal Code Ann. § 46.11 (now § 46.10), and assessed punishment at ten years confinement and $1,845.00 fine. The Court of Appeals affirmed. Linnell v. State, — S.W.2d -, 1994 WL 912245 (Tex.App.—Tyler 1994 Cause No. 12-92-00364-CR, delivered May 31,1994). We will reverse.

I

This ease involves interim jury service. Interim jury service occurs when a juror serves on a separate jury during the period between selection as a juror in the…