Roberts v. State

Court of Criminal Appeals of Texas

Roberts v. State

957 S.W.2d 80, 1997 Tex. Crim. App. LEXIS 107, 1997 WL 757678

CourtCourt of Criminal Appeals of Texas

DecidedDecember 10, 1997

Docket1602-96, 1603-96

StatusPublished

Cited by14 cases

This text of 957 S.W.2d 80 (Roberts v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. State, 957 S.W.2d 80, 1997 Tex. Crim. App. LEXIS 107, 1997 WL 757678 (Tex. 1997).

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Opinions

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

A jury convicted appellant of two counts of aggravated robbery. After appellant entered pleas of “true” to the enhancement allegations, the trial court sentenced appellant to confinement for life on both counts. The record reflects that after appellant’s trial began, the trial court granted appellant’s request to proceed with eleven jurors after it was learned that one of the jurors had communicated with a potential witness for the State. The eleven-member jury returned unanimous verdicts of guilt on both counts.

On direct appeal, appellant claimed, among other things, that the jury had no power to render a verdict because it was composed of less than twelve jurors. The State claimed appellant waived the right to a jury composed of twelve jurors.

Relying on this Court’s recent decision in Ex parte Hernandez, 906 S.W.2d 931 (Tex.Cr.App.1995), the Court of Appeals held appellant could not waive the requirement of Article 36.29(a), V.A.C.C.P., that no less than twelve jurors render a verdict in a felony case. Roberts v. State, 933 S.W.2d 271 (Tex.App.—Houston [14th Dist.]). The Court of [81]*81Appeals reversed the convictions and remanded the causes for a new trial. We granted the State’s petition for discretionary review to reexamine our decision in Hernandez and to once again reexamine the question of whether a defendant can waive his statutory right under Article 36.29(a) to a jury of twelve members.

In Hatch v. State, 958 S.W.2d 813, Tex.Cr.App.1997), this Court decided the issue adversely to appellant, and held a defendant may waive his statutory right to a jury of twelve members. Therefore, we reverse the judgment of the Court of Appeals and remand the cause there for further proceedings consistent with this opinion and our opinion in Hatch and to address appellant’s remaining points of error.

MEYERS, J., dissents. BAIRD, J., issues dissenting opinion. OVERSTREET, J., issues dissenting opinion. MANSFIELD, J., issues dissenting opinion.

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OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

A jury convicted appellant of two counts of aggravated robbery. After appellant entered pleas of “true” to the enhancement allegations, the trial court sentenced appellant to confinement for life on both counts. The record reflects that after appellant’s trial began, the trial court granted appellant’s request to proceed with eleven jurors after it was learned that one of the jurors had communicated with a potential witness for the State. The eleven-member jury returned unanimous verdicts of guilt on both counts.

On direct appeal, appellant claimed, among other things, that the jury had no power to render a verdict because it was composed of less than twelve jurors. The State claimed appellant waived the right to a jury composed of twelve jurors.

Relying on this Court’s recent decision in Ex parte Hernandez, 906 S.W.2d 931 (Tex.Cr.App.1995), the Court of Appeals held appellant could not waive the requirement of Article 36.29(a), V.A.C.C.P., that no less than twelve jurors render a verdict in a felony case. Roberts v. State, 933 S.W.2d 271 (Tex.App.—Houston [14th Dist.]). The Court of [81]*81Appeals reversed the convictions and remanded the causes for a new trial. We granted the State’s petition for discretionary review to reexamine our decision in Hernandez and to once again reexamine the question of whether a defendant can waive his statutory right under Article 36.29(a) to a jury of twelve members.

In Hatch v. State, 958 S.W.2d 813, Tex.Cr.App.1997), this Court decided the issue adversely to appellant, and held a defendant may waive his statutory right to a jury of twelve members. Therefore, we reverse the judgment of the Court of Appeals and remand the cause there for further proceedings consistent with this opinion and our opinion in Hatch and to address appellant’s remaining points of error.

MEYERS, J., dissents. BAIRD, J., issues dissenting opinion. OVERSTREET, J., issues dissenting opinion. MANSFIELD, J., issues dissenting opinion.

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957 S.W.2d 80, 1997 Tex. Crim. App. LEXIS 107, 1997 WL 757678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-texcrimapp-1997.

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