Samual King v. The State of Texas--Appeal from County Court at Law No 1 of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-91-080-CR

SAMUAL KING,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law

Brazos County, Texas

Trial Court # 316-90

MEMORANDUM OPINION

On April 2, 1991, Samual King was tried before a jury and found guilty of driving while intoxicated. The trial court refused to shuffle the jury panel at his request after the panel had been shuffled at the request of the State. // King contends that the court erred when it refused his timely request for a shuffle. The state concedes that our recent opinion in Jones v. State, // necessitates a reversal and remand for a new trial in this case. In Jones, we held that a defendant's right to a shuffle was not affected by a previous shuffle of the jury panel at the state's request. // Because the trial court in this case erred when it refused to shuffle the panel at King's request, we sustain his single point of error.

The judgment is reversed and the cause is remanded for a new trial.

BOBBY L. CUMMINGS

Justice

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Reversed and remanded

Opinion delivered and filed April 22, 1992

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