Kessel v. State

OPINION

KEM THOMPSON FROST, Justice.

In this case, we must determine if the trial court erred in ordering the defendant removed from the courtroom and taken back to the jail, causing him to miss the entire punishment phase of his jury trial. We find reversible error, affirm the conviction, and reverse and remand for a new punishment hearing.

I. Factual and PRocedural Background

Appellant Bryan Kessel was charged by indictment with burglary. He pleaded not guilty, but the jury found him guilty. The next morning, before the punishment phase began, the parties appeared before the trial court. The…