Martinez v. State

OPINION

NYE, Chief Justice.

A jury found appellant guilty of theft. The trial court assessed punishment at ten years’ probation. On original submission, appellant complained of insufficient evidence and jury misconduct. While sufficient evidence exists to uphold the conviction, this Court abated the appeal and ordered the trial court to conduct a hearing on appellant’s motion for new trial concerning jury misconduct. We limited the scope of the hearing to address specific grounds, which appellant narrowed into two claims. Appellant alleged that a juror knew one of the alleged victims but failed…