State v. Ordonez

OPINION

RICHARD BARAJAS, Chief Justice.

This is a State’s appeal from the order of the trial court granting appellee’s motion for new trial. We reverse the order of the trial court.

I. SUMMARY OF THE EVIDENCE

Appellee, Jose Ordonez, was convicted by a jury of aggregated theft of $20,000 or more but less than $100,000. The court assessed punishment at six years’ community supervision. Appellee filed a motion for new trial alleging, among other things, that juror Maria Ochoa committed jury-misconduct by considering appellee’s failure to testify at trial. The State filed a written reply contending…