Albert McClellan v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00451-CR

Albert McClellan, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. 9034115, HONORABLE CHARLES F. CAMPBELL, JUDGE PRESIDING

O P I N I O N

In this case, we are asked to decide whether a trial court may dismiss a veniremember before the jury is sworn and proceed to trial, over a defendant's objection, with only eleven jurors. We hold that it may not do so and reverse and remand for a new trial.

FACTUAL BACKGROUND

In August 2002, Austin Police Officer Shillito stopped a…