Castro v. State

OPINION

JANE BLAND, Justice.

Appellant Juan Castro pleaded not guilty to the first-degree felony offense of aggravated robbery. See Tex. Pen.Code Ann. § 29.03(a)(2), (b) (Vernon 2003). A jury found Castro guilty and assessed punishment at sixty years’ confinement. In two issues, Castro contends the trial court (1) abused its discretion in dismissing a juror as disabled and proceeding to trial with eleven jurors instead of twelve, and (2) erred in failing to give Castro the choice between continuing with eleven jurors or a mistrial. We conclude that the trial court (1) did not abuse its…