Hatch v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

A jury convicted appellant .of the felony offense of delivery of cocaine and the court assessed a sentence, enhanced by two prior felony convictions, at twenty years’ confine7 ment. The record reflects that after appellant’s trial began, the State and appellant agreed to proceed with eleven jurors after it was learned one of the jurors was not a United States citizen.1 The eleven member jury returned a unanimous guilty verdict.

On direct appeal, appellant’s sole point of error claimed the jury had no power to render…