Wilkie Schell Colyer, Jr. v. State

*279MEMORANDUM OPINION1

LEE GABRIEL, Justice.

Introduction

Appellant Wilkie Schell Colyer, Jr. appeals his conviction for driving while intoxicated. In a single point, he contends that the trial court erred by denying his motion for new trial alleging juror misconduct. We reverse.

Background Facts and Procedural History

The State’s evidence at trial consisted of the arresting officer’s testimony and a videotape showing Appellant’s performance on field sobriety tests at the scene of the arrest and at the jail where he was offered, but refused to submit to, a breath test. The evidence was undisputed…