DeLeon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In an unpublished opinion the Court of Appeals relied on Yanez v. State, 677 S.W.2d 62 (Tex.Cr.App.1984), to find that appellant’s motion to shuffle the jury panel came too late. DeLeon v. State (Tex.App.—El Paso 1986 No. 08-85-00326-CR, delivered November 19, 1986). It did not notice that Williams v. State, 719 S.W.2d 573 (Tex.Cr.App.1986), was then extant.

In his petition for discretionary review appellant asserts that briefs were filed in the El Paso Court before “this issue [was] subsequently clarified in unambiguous…