Batchelor v. State

DEVANY, Justice.

Our opinion dated July 22,1988 is hereby withdrawn. The following is now our opinion.

James Lee Batchelor appeals his jury conviction for driving while intoxicated. The trial court assessed punishment at confinement for 45 days in the county jail and a fine of $1,000. In a single point of error, appellant complains that the trial court improperly denied appellant the right to shuffle the venire panel in violation of TEX. CODE CRIM.PROC.ANN. art. 35.11 (Vernon 1966). Because we agree with appellant’s point of error, we reverse the judgment of the trial court.

On the day of the…