Joe P. Sierra v. State Texas

Appellants first ground of error relates to jury separation. The court received the jurys verdict at about 6:00 on a Friday afternoon and then, over appellants objection, excused the jury until Monday morning when the punishment phase of the trial began. Appellant, relying on Art. 35.23 and 37.07, Sec. 3(c), V.A.C.C.P., contends that the statute requires that once a case has been submitted to the jury during the guilt or innocence phase of the trial, the jury should remain sequestered until the final verdict on punishment is rendered. In Johnson v. State, 469 S.W.2d 581 (Tex. Crim. App.), this Court concluded that the logical interpretation of these statutes is that sequestration is required only after a charge is given and before the jury renders a verdict on that charge. Once the jury reaches a verdict during the guilt or innocence phase, it is within the discretion of the trial court to permit the jury to separate until the charge on punishment is submitted. Appellant may show he was harmed by this action. No such showing was made here.