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• Title: Robert Tran Truong v. State Texas
• Author : Fourteenth District, Houston No. C14-88-00195-CR Court of Appeals of Texas
• Release Date : January 02, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellant brings six points of error in this appeal from his conviction of criminally negligent homicide. The jury assessed
his punishment at one year in the Harris County Jail and a two thousand dollar fine for shooting his wife in the head with
a hand gun. The first two points of error address the seating of a juror by the trial court after appellant exercised a peremptory
challenge on that juror, and the failure of the court to allow appellant to exercise all ten of his peremptory challenges.
The remaining points of error involve the court's limitation of time allowed for voir dire, the admission of certain hearsay
statements, and improper final argument by the prosecutor. As we find error on the first two points, this opinion will focus
on the issue of abuse of judicial discretion regarding peremptory strikes. It is not necessary to address the remaining points.
We reverse and remand for a new trial. The first two points of error arise from the trial court's response to a mistaken peremptory strike. Defense counsel marked
his peremptory strikes on his jury list by placing a number from one to ten beside the names he wanted to strike. He then
finalized the list be drawing a line through each of those names. Unfortunately, he failed to draw the line through the venireman
he marked with the number four, Mr. Merle Kelly.

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