Gomez v. State

OPINION ON MOTION FOR REHEARING

MIRABAL, J.

We overrule appellant’s motion for rehearing, partially grant appellant’s motion to publish, withdraw our opinion issued October 22, 1998, and substitute this opinion in its stead. We vacate, set aside, and annul our judgment of October 22, 1998.

A jury found appellant, Cruz Armondo Gomez, guilty of manslaughter and assessed punishment at two years confinement. We affirm.

In his first point of error, appellant asserts the trial court erred in denying his motion for a new trial due to jury misconduct, and subsequent judicial error. In his second point of…