Garza v. State

OPINION ON STATE’S MOTION FOR REHEARING

ROBERTS, Judge. '

The original panel opinion in this case reversed the appellant’s conviction because of jury misconduct. The State’s motion for rehearing asks us to overrule that panel opinion because the appellant did not show that he was actually harmed by the misconduct. For reasons which follow, we deny the State’s motion.

In Rogers v. State, 551 S.W.2d 369, 370 (Tex.Cr.App.1977) this court stated:

“[V.A.C.C.P., Article 40.03(7),] provides that a new trial shall be granted ‘Where the jury, after having retired to deliberate upon a case, has received…