Harrell v. State

OPINION ON REMAND

O’NEILL, Justice.

This cause is before us on remand from the Court of Criminal Appeals. A jury of eleven convicted appellant of murder, and the court assessed punishment at thirty years confinement in the Texas Department of Criminal Justice, Institutional Division. On appeal, this court held that the appellant’s affirmative statement on the record in open court that she agreed to go forward with eleven jurors was sufficient to waive error. Harrell v. State, 923 S.W.2d 104, 111 (Tex.App.—Houston [14th Dist.] 1996). The Court of Criminal Appeals granted appellant’s petition for…