Albert McClellan v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00451-CR Albert McClellan, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT NO. 9034115, HONORABLE CHARLES F. CAMPBELL, JUDGE PRESIDING OPINION In this case, we are asked to decide whether a trial court may dismiss a veniremember before the jury is sworn and proceed to trial, over a defendant’s objection, with only eleven jurors. We hold that it may not do so and reverse and remand for a new trial. FACTUAL BACKGROUND In August 2002, Austin Police Officer Shillito stopped a…