Ocon v. State

OPINION

in which WOMACK, KEASLER, HERVEY, and COCHRAN, JJ., joined.

Appellant, Johnny Ray Ocon, was charged with aggravated sexual assault of a child. On the second day of trial, defense counsel overheard one of the jurors talking on a cell phone in the men’s restroom. The juror spoke negatively about the trial and its effect on his schedule. In addition to the talking juror and defense counsel, another juror was also in the restroom at the time of the conversation. Defense counsel moved for a mistrial, but the court denied the motion. The jury found Appellant guilty and assessed his punishment…