Almanza v. State

OPINION

TOM GRAY, Chief Justice

Cathy Jo Almanza appeals from a conviction for the offense of driving while intoxicated. Tex. Penal Code Ann. § 49.04 (West 2011). Almanza complains that her Sixth Amendment right to a jury trial was violated because one of the jurors was not the actual juror that was summoned. Because the wrong individual appeared, Al-manza contends that the trial court did not have jurisdiction over that juror and the juror had no authority to serve as a juror. In her-sole issue, Almanza argues that-the judgment is void because only five of the jurors were properly on the jury…