Garrett v. State

OPINION

Before ESQUIVEL, BUTTS and CANTU, JJ. CANTU, Justice.

Appellant was convicted by a jury of murder and the trial court assessed punishment at thirty-five (35) years’ confinement in the Texas Department of Corrections. We reverse.

Without challenging the sufficiency of the evidence appellant complains in three separate grounds of error of jury misconduct and trial court error related to the alleged misconduct.

In view of the disposition made by this court, no necessity exists to address appellant’s assigned errors since upon retrial the misconduct complained of will not likely recur. A…