Moya v. State

*65OPINION

DIAL, Justice.

This is an appeal from a conviction for delivery of cocaine of less than 28 grams. TEX.REV.CIY.STAT.ANN. art. 4476-15 § 4.02(b)(3)(D) (Vernon Supp.1985) (Controlled Substances Act). The accused was found guilty in a jury trial, and the jury assessed punishment at confinement for fifteen years and one day.

The first ground of error concerns the trial court excusing a juror and permitting the eleven remaining jurors to reach a verdict rather than grant a motion for mistrial.

After the jury had been selected and sworn, the State called its first witness. While the witness was…