Ponce v. State

OPINION

JOE L. DRAUGHN, Justice, (Assigned).

A jury convicted appellant of aggravated robbery, and the trial court sentenced him to thirty-five years in the Texas Department of Criminal Justice, Institutional Division. On appeal, he brings six points of error, complaining of the improper replacement of a juror and of his alleged tainted identification from a photographic lineup. In his first four points, he contends replacing a juror -with an alternate after the jury was charged (1) deprived him of his right to trial by jury pursuant to Article V, section 13 of the Texas Constitution; (2)…