Johnson v. State

OPINION

YANEZ, Justice.

A jury found appellant, Leon Jerome Johnson, guilty of attempted capital murder. TexPenal Code Ann. §§ 15.01, 19.03(a)(7) (Vernon 1996). The jury sentenced him to ninety-nine years in the Institutional Division of the Texas Department of Criminal Justice plus a $10,000 fine. By four points of error, appellant challenges the denial of a request for a jury shuffle, the legal sufficiency of the evidence, and the jury argument of the prosecutor. We reverse and remand.

On the evening of January 16,1994, a fight between two men at the Sassy Dancer club in Edna, Texas, erupted…