Butler v. State

MEMORANDUM OPINION

BILL VANCE, Justice.

A jury convicted Henry Sterling Butler of being a felon in possession of a firearm and assessed his punishment at forty years’ imprisonment. Butler claims in a single issue that the court abused its discretion by proceeding with the trial after discharging one of the jurors.

After the State’s second witness, Pamela Butler, took the stand and introduced herself, a juror, Delores Dotson, stated in open court that she needed to speak to the judge because she knew Pamela. 1 The court excused the rest of the jurors for the day and conducted an informal hearing…