Gonzales v. State

OPINION

MATTHEWS, Justice.

Norberto Gonzales was charged with six cocaine transactions, occurring in May and June of 1977 and involving an undercover agent. Numerous telephone and in-person conversations between the agent and Gonzales were recorded without a warrant and without Gonzales’ knowledge. These recordings were introduced over his objection as evidence against him at his jury trial in April, 1978, which resulted in convictions on all six counts.

On the morning of April 24, a few days into the trial, the jury turned up one juror short. The trial judge, over defense objections, seated the…