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Luna v. State

Texas Code of Criminal Procedure Article 37.07 '3(c) does not give the jury an absolute right to reconsider its verdict on guilt after hearing evidence relevant to punishment.

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On appeal from the 28th District Court of Nueces County, Texas.

OPINION

A jury found appellant, Larry Garcia Luna, a/k/a Larry Luna, a/k/a Lorenzo Luna, guilty of nine counts of aggravated sexual assault of a child *fn1 and one count of reckless injury to a child, *fn2 and assessed his punishment at eighteen years imprisonment for each count of aggravated sexual assault, and two years imprisonment for the injury to a child. In three issues, appellant contends that: (1) a jury deliberating on punishment has the right to reconsider its determination of guilt after hearing additional evidence during the punishment phase of the trial; (2) a defendant’s state and federal constitutional rights and state statutory rights are violated when the trial judge implicitly instructs the jury that it may not reconsider its determination of guilt and refuses to grant a mistrial; and (3) the trial court erred in failing to grant him a new trial “because the court misdirected the jury about the law concerning the jury’s right to reconsider its determination of guilt after hearing additional evidence at the punishment phase.” We affirm.

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