Batres v. State

OPINION

REEVES, Justice.

This is an appeal from a conviction of the offense of sexual assault. A jury found the appellant guilty and the court assessed punishment at 11 years’ confinement in the Department of Corrections.

The appellant chose not to testify. During deliberation, but before discussing the evidence, the jury took a preliminary poll. Ten voted guilty and two voted not guilty. It is uncontroverted that Batres’ failure to testify was discussed by the the jury during its deliberation. It is also uncontro-verted that during the discussion, neither the presiding juror nor any other juror…