Sumrell, Calvin Bernard A/K/A Calvin Bernard Sumrill

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1755-09 CALVIN BERNARD SUMRELL, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

Per curiam. Meyers, J., not participating.

O P I N I O N

A jury convicted Sumrell of delivering four grams or more but less than two hundred grams of cocaine, and the judge sentenced him to twenty-five years' confinement. The Dallas Court of Appeals reversed, holding that Sumrell's constitutional right to be present during jury selection was violated and that the error was harmful. ⁽¹⁾

We granted the State's petition for discretionary review to determine whether the court of appeals misconstrued relevant facts as provided in the record. We have determined that our decision to grant review was improvident. Therefore, the petition is dismissed.

DATE DELIVERED: September 15, 2010

DO NOT PUBLISH

1. Sumrell v. State, No. 05-08-00732-CR, 2009 Tex. App. LEXIS 5869 at *15 (Tex. App.--Dallas July 30, 2009).