Becerra v. Texas (original by judge mcclure iii)
Annotate this CaseThe issue this case presented for the Texas Court of Criminal Appeals was at what point could an appellant timely object to the thirteenth juror's presence when an alternate juror retires with the jury and was present during deliberations: when the jury retires to deliberate, or when an appellant becomes aware that the alternate was present during deliberations. The Court concluded that the grounds for Appellant’s objection to the alternate juror being sent into the jury room were not apparent until counsel became aware of the error. Because Appellant’s objection, motion for mistrial, and motion for new trial were timely, and the court of appeals erred by failing to reach the merits of Appellant’s statutory and constitutional claims.
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