Menard v. State

OPINION

JANE BLAND, Justice.

A jury found appellant, John Charles Menard, guilty of aggravated robbery. 1 After finding two enhancement paragraphs true, the jury assessed punishment at thirty-six years’ confinement. Menard contends the trial court abused its discretion in failing to excuse a juror during deliberations, depriving him of his (1) Fifth and Fourteenth Amendment rights to due process; (2) Sixth Amendment right to a trial by a fair and impartial jury; and (3) Texas constitutional rights to a fair and impartial jury and to due course of law. We hold that the issue is waived because…