Ex Parte Hernandez

OPINION ON STATE’S MOTIONS FOR REHEARING

McCORMICK, Presiding Judge.

We granted the State Prosecuting Attorney’s and the District Attorney’s motions for rehearing in order to reexamine our holding that if a juror has become disqualified in a felony trial it is error for the trial court to grant a mistrial over a defendant’s objection as opposed to proceeding with eleven jurors. We withdraw our original opinion and affirm the decision of the habeas court and the Court of Appeals.

Appellant was indicted for aggravated robbery. On February 17,1993, a jury of twelve was empaneled and sworn, and the…