Gibson v. State

OPINION

KEM THOMPSON FROST, Justice.

In this case, we address the showing a defendant must make under Texas Rule of Appellate Procedure 21.3(f) to be entitled to a new trial based on the jury’s receipt of “other evidence” after retiring to deliberate.

Introduction

Appellant, Johnny Gibson, was charged by indictment with aggravated robbery. A jury found him guilty, found two enhancement allegations true, and assessed punishment at confinement for life. The Eighth Court of Appeals reversed appellant’s conviction and remanded the case for a new trial. In his second trial, appellant pled guilty to…