Trevino v. State

OPINION

McDONALD, Presiding Judge.

The offense is unlawful possession of the narcotic drug, marijuana; the punishment, 30 years in the penitentiary.

Appellant plead guilty to the offense, and the sole issue before this court is whether or not certain remarks by one *854juror, made during deliberation as to punishment, constitute jury misconduct.

All twelve jurors testified at the hearing on appellant’s motion for new trial.

Juror Dale Hall testified that he had favored a 10-year sentence until juror Merlin Gary stated that if the jury gave the defendant 30 years he would only have to serve 10 years;…