Harrell v. State

OPINION

The opinion of the Court was delivered

A jury convicted Appellant of murder and assessed her punishment at confinement for thirty years. The Court of Appeals originally affirmed the .conviction, holding that Appellant waived her right to a jury of twelve and agreed to proceed with eleven jurors. Harrell v. State, 923 S.W.2d 104 (Tex.App.— Houston [14th Dist.] 1996). Appellant filed a petition for discretionary review, arguing that a jury of twelve cannot be waived. We granted Appellant’s petition, vacated the Court of Appeals’ opinion, and remanded for reconsideration in light of Ex…