Chavez, Ricardo, Jr. v. State

DON H. REAVIS, Justice.

In a prior opinion, we held the trial court’s decision, over appellant’s objection, to proceed with eleven jurors after the charge had been read to the jury was constitutional error defying harmless eiTor review. As a result, we reversed appellant’s conviction for aggravated assault and remanded the proceeding to the trial court for a new trial. Chavez v. State, 34 S.W.3d 692 (Tex.App.-Amarillo 2000, pet. granted), rev’d, 91 S.W.3d 797 (Tex.Cr.App.2002). The Court of Criminal Appeals granted the State’s petition for discretionary review. In its opinion reversing this…