Harrell v. State

OPINION ON THE APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellant of murder, and the court assessed punishment at thirty years confinement. On direct appeal, appellant contended the judgment was void because the jury consisted of only eleven jurors. The Court of Appeals rejected this argument holding appellant waived any error. Harrell v. State, 923 S.W.2d 104, 111 (Tex.App.—Houston [14th] 1996).

In her petition for discretionary review, appellant contends the decision of the Court of Appeals is in conflict with our opinion in Ex parte Hernandez, 906 S.W.2d 931…