Hatch v. State

OPINION

CHAPMAN, Justice.

Appellant appeals his jury conviction for unlawful delivery of a controlled substance. The trial court assessed punishment, enhanced by two prior felony convictions, at twenty years’ confinement. In his sole point of error, appellant contends his conviction is invalid because the verdict was returned by less than twelve jurors. We reverse and remand.

After appellant’s trial began, but before the charge was read to the jury, the trial court learned that one of the jurors was not a United States citizen. The State and appellant agreed the juror should be disqualified and…