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Stephens v. State - 7th COA

It was not an abuse of discretion for the trial court to find a juror disabled and continued with only 11 members. The trial court was able to see and hear the juror's reactions and demeanor. It could have reasonably determined that hearing further evidence in the case would have created an emotional state that would have prevented her from fully and fairly performing a juror's function. Therefore, the trial court could proceed with only 11 jurors, as permitted under Code of Criminal Procedure Art. 36.29. Stephens v. State -07-07-0434-CR.