Colyer, Wilkie Schell Jr.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0305-13

WILKIE SCHELL COLYER, JR., Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

TARRANT COUNTY

O P I N I O N

A jury convicted appellant of driving while intoxicated. The trial judge denied his motion for new trial, which alleged that outside influences were improperly brought to bear on the jury foreman. The court of appeals, over a dissent, held that the trial court abused its discretion in denying appellant's motion for new trial alleging juror misconduct. (1) Because appellant's "outside…