Lee v. State

OPINION

MIRABAL, Justice.

A jury convicted appellant of burglary of a habitation while armed with a deadly weapon. The jury assessed punishment at 55 years confinement.

Appellant filed a motion for new trial based on jury misconduct, claiming the jury discussed both the effect of parole and the fact that appellant did not testify on his own behalf.

After an evidentiary hearing, and upon the State’s agreeing to the granting of a new trial as to punishment, the court granted appellant’s motion for new trial as to punishment only. Upon appellant’s withdrawing his original election to have the jury…