Yanez v. State

RALEIGH BROWN, Justice.

This is an appeal from a conviction by a jury for the offense of possession of marihuana. Punishment was assessed at confinement in the Texas Department of Corrections for a term of four years. We reverse and remand.

Appellant urges three grounds of error with no challenge to the sufficiency of the evidence. His first ground contends that the trial court erred in denying his motion to reshuffle the jury panel pursuant to TEX. CODE CRIM.PRO .ANN. art. 35.11 (Vernon 1979).1

Smith v. State, 648 S.W.2d 695 (Tex.Cr.App.1983, en banc), is dispositive of this first ground of…