Solis v. State

OPINION

YANEZ, Justice.

Charged with burglary of a habitation and aggravated assault upon a peace officer, appellant was convicted by a jury on the burglary charge and the lesser included offense of resisting arrest, respectively. Tex. Penal Code Ann. §§ 30.02(a)(1), 38.03(a) (Vernon 1994).1 On appeal, appellant challenges the trial court’s discretion to declare a particular juror “disabled” and to continue the trial with only eleven jurors. We reverse and remand.

On January 17, 1995, a twelve-member jury, with no alternates, was selected and sworn. The jury was then dismissed for the day and…