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Willis v. State

In his first issue, appellant claims that the trial court erred when it proceeded to try him before a jury of 11 members after one juror was disqualified. After the juror's disqualification became known, appellant's attorney agreed with the prosecutor that the trial court should proceed with 11 jurors as a less drastic measure than a mistrial. After the trial court dismissed the juror, both attorneys were asked if they were ready for the jury to be brought in. They both responded that they were, and the testimony began. This affirmatively establishes the agreement of the parties to try the case before a jury of less than 12 members, in accordance with �62.201 of the Texas Government Code. Appellant's first point of error is overruled. Eastland Court of Appeals, No. 11-08-00312-CR, 07-19-2010

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OPINION

The grand jury indicted Vernon Lee Willis on one count of possession with intent to deliver cocaine in an amount of more than 4 grams and less than 200 grams. The second count of the indictment charged the offense of possession of the same cocaine in an amount of more than 4 grams and less than 200 grams, but omitted the charge that Willis intended to deliver it. The jury found Vernon Lee Willis guilty of the offense of possession of cocaine in an amount of more than 4 grams and less than 200 grams as charged in the second count. The offense was enhanced by a prior conviction for burglary of a habitation. Willis pleaded true to the enhancement allegation, and the trial court assessed Willis’s punishment at confinement for twenty years. We affirm.

There is no challenge to the sufficiency of the evidence, and there is no need to detail it. Suffice it to say, the evidence shows that Willis was personally in possession of the cocaine when approached by law enforcement officers.

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