Johnson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted Appellant of attempted capital murder and assessed punishment at ninety-nine years of confinement and a $10,-000 fine. On appeal, Appellant contended the trial court erred in denying his motion for a jury shuffle. 1 The State asserted that Appellant’s attorney had previously received a shuffle and that counsel’s acquiescence to that shuffle waived any claim about its propriety. The Court of Appeals reversed the judgment and remanded the case for a new trial, holding that the trial court erred in denying the requested…