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• Title: Isidro Sanchez Gonzales v. State Texas
• Author : Fourth District, San Antonio No. 04-83-00261-CR Court of Appeals of Texas
• Release Date : January 13, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

On previous submission, we reversed this murder conviction for what we deemed to be error in the jury charge. The Court of Criminal Appeals reversed the decision of this Court and remanded it to us for consideration of the other points of error. Reference is made to the previously published opinions for recitation of the facts. Gonzales v. State, 717 S.W.2d 355 (Tex. Crim. App. 1986); Gonzales v. State, 679 S.W.2d 638 (Tex. App. -- San Antonio 1984). We overrule the remaining points of error and affirm the conviction. The defendant contends that the trial court erred in not granting his motion for mistrial due to the length of time of the jury deliberations. The jury began deliberation at 9:20 A.M. Sometime later they sent out a note advising the court that they were unable to reach a verdict at that time. They were brought into court, and the trial judge ascertained that they were divided three to nine. The trial judge gave a supplemental charge to the jury, to which the defendant did not object. After a recess for lunch, the jury returned to deliberation. Upon inquiry by the court as to whether it appeared possible that a unanimous verdict could be reached, the jury responded that the vote was now ten to two and that they would keep trying. The defendant moved for a mistrial which was overruled by the court. Later, the jury sent out another note advising that they had had a vote of ten to two five different times and felt that there was no chance for a decision. The court received consent from both sides for the jury to separate for the evening. The defense again moved for mistrial which the court overruled noting that he had received another communication from the jury stating that they would like to come back tomorrow and continue again. The jury recessed overnight at 5:45 P.M. The jury returned at 8:15 A.M. the following morning and reached a verdict at 9:15 A.M.

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