Eban Stillwell v. State

OPINION

BONNIE SUDDERTH, JUSTICE

I. Introduction

A jury convicted Appellant Eban Still-well of indecency with a child and assessed a twelve-year sentence. In three points, Stillwell contends that his rights were violated when the court denied his motion for mistrial and proceeded with only 11 jurors and that the trial court erred when it denied him the opportunity to question a juror about possible misconduct. We reverse and remand.

I. Facts

The trial court empaneled a jury of 12 in this case, but after the State’s third witness began to testify, Juror Ignacio Sanchez informed the bailiff that he…