Landry v. State

OPINION

WALKER, Chief Justice.

A jury convicted Brian James Landry on two counts of sexual assault of a child and one count of indecency with a child. On each count the jury assessed as punishment confinement in the Texas Department of Criminal Justice, Institutional Division, for a term of ten years. Pursuant to the jury’s recommendation, the trial court placed Landry on community supervision for ten years. Landry raises two points of error.

Point of error one contends: “The trial court erred in proceeding with fewer than twelve jurors in a felony case in violation of the Code of Criminal…