Reyna v. State

OPINION

NYE, Chief Justice.

Encarnación Reyna appeals from his conviction on the basis of jury misconduct. We are compelled to reverse the trial court’s judgment because the record contains unequivocal evidence of jury misconduct which was uncontroverted by the State. Because we find the evidence sufficient to support appellant’s conviction for aggravated sexual assault, we remand the cause for a new trial.

The State charged appellant with aggravated sexual assault of E.L., his thirteen-year-old step-daughter. The indictment contained four paragraphs, identical in language except for the manners…