Moya v. State

I concur in the result reached by the majority.

In her first ground of error appellant complains that a juror was excused and the trial court erroneously permitted the trial to continue to a verdict with only eleven jurors. During the cross-examination of the undercover narcotics officer, a juror made known to the court that she had been a member of the grand jury that indicted appellant. The trial court disqualified and excused the juror and continued the proceedings with eleven jurors.

Article 36.29(a) of the Texas Code of Criminal Procedure provides that when a juror dies or is disabled from…