Smith v. State

OPINION

MILLER, Judge.

This is an appeal from a jury trial wherein the appellant was convicted of aggravated assault. Punishment was assessed by the jury at 10 years imprisonment.

Appellant, in his sole ground of error, contends the trial court committed reversible error in refusing his motion to shuffle the jury panel. The record reflects that the appellant timely presented the motion to shuffle after the jury panel was seated and prior to voir dire examination. See Alexander v. State, 523 S.W.2d 720 (Tex.Cr.App.1975). The motion was denied by the trial court.

Article 35.11, V.A.C.C.P., provides: