Bogue v. State

In Bogue v. State, 204 S.W.3d 828, 829 (Tex. App.-Texarkana 2006, pet. ref'd), the alternate juror spent approximately thirteen minutes with the jury during deliberations, but no votes were taken on the case, a foreman was selected "pretty much by acclamation," and the alternate juror asked a single question about the evidence in the case. Bogue, 204 S.W.3d at 829-30. The court of appeals concluded the alternate juror's presence in the jury room had no effect on the jury and that the State rebutted the presumption of harm. Id. at 830.