Jimmy Vera v. State

Concurring Opinion by:

Luz Elena D. Chapa, Justice

I respectfully disagree that Jimmy Vera waived his sole issue on appeal. Vera’s issue is not about the juror’s mere inability to read or write in English, but about the juror’s inability to speak or understand English. A juror’s inability to read or write in English is a disqualification that is forfeitable by inaction, but a juror’s inability to speak or understand English is a constitutional disqualification that may only be waived affirmatively and with the State’s consent. I nevertheless concur in the judgment because the record does not…