Bogue v. State

OPINION

Opinion by Justice ROSS.

A jury found Steven Neal Bogue guilty of felony driving while intoxicated. See Tex. Pen.Code Ann. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp.2006). Bogue now appeals, alleging that reversible error occurred at his trial when the alternate juror was not excused (following submission of the case to the jury), but was instead allowed to spend less than fifteen minutes in the jury room before the error was realized by the trial court and the alternate excused. We agree that the trial court erred by failing to timely excuse the alternate at the point the case was…