Lee v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Appellant in this cause was convicted of the offense of burglary of a habitation and his punishment was assessed by the jury at 55 years in the Texas Department of Corrections. On appeal, the First Court of Appeals reversed and remanded the conviction, holding that the trial court erred in failing to grant appellant’s motion for new trial alleging jury misconduct. Lee v. State, 775 S.W.2d 59 (Tex.App.—Houston [1st] 1989). In its petition for discretionary review the State now contends the court of appeals erred in considering testimony of…