State v. Read

POWERS, Justice.

A jury found appellee Dean Robert Read guilty of driving while intoxicated, second offense, a class A misdemeanor. See Tex. Penal Code Ann. §§ 49.04(a), .09(a) (West Supp.1998). The court assessed punishment at confinement in the Hays County Jail for one year, probated for two years, and a $750.00 fíne. Read’s motion for new trial was heard and granted. The State appeals the order granting a new trial. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(3) (West Supp.1998). We will affirm the order.

BACKGROUND

After trial and sentencing, Read discovered that a juror had not disclosed…