Lee v. State

OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

MIRABAL, Justice.

The Court of Criminal Appeals has vacated our judgment in Lee v. State 1 and remanded the cause to us so that we might consider whether the jury foreman’s testimony at the motion for new trial hearing was admissible under Tex.R.Crim.Evid. 606(b). Lee v. State, 791 S.W.2d 141, 142 (Tex.Crim.App.1990).

A jury convicted appellant of burglary of a habitation while armed with a deadly weapon.2 The jury assessed punishment at 55 years confinement. Appellant filed a motion for new trial based on jury misconduct, claiming the jury…