Vasquez v. State

*121OPINION

CHAPA, Justice.

Appellant was convicted of involuntary manslaughter by reason of intoxication pursuant to TEX.PENAL CODE ANN. § 19.05(a)(2) (Vernon 1974). A jury found appellant guilty and assessed punishment at five years confinement with a recommendation that the term be probated. The trial court imposed a special condition of probation requiring appellant to serve one hundred twenty days in the Texas Department of Corrections. We affirm.

The issues before us are:

1) whether a mistrial was justified due to the absence of a juror;

2) whether TEX.CODE CRIM.PROC. ANN. art. 42.12 § 6b(c)…