Perez v. State

OPINION

RODRIGUEZ, Justice.

As a result of his involvement in a drive-by shooting, a jury convicted Appellant, Orlando Javier Perez, of aggravated assault with a firearm1 and assessed his punishment at fifteen years imprisonment. We reverse and remand for a new trial.

At the hearing on his motion for new trial, Perez and the State entered into a stipulation of evidence that a juror, Jesus Garcia, had a final conviction for felony driving while intoxicated and that Garcia’s status as a convicted felon was not ascertained until twenty minutes after the verdict was rendered.2 The trial court, while…