Brantley v. State
In Brantley v. State, 48 S.W.3d 318 (Tex. App.--Waco 2001, pet. ref'd), the defendant challenged for cause twenty-three jurors who indicated that they could not consider the full range of punishment.
The trial court granted seven of those challenges and overruled sixteen. Two of those objectionable jurors sat on the jury, and the trial court denied a request for additional peremptory challenges.
The defendant used four peremptory challenges on those who could not consider probation, and the other six against venire members who had not been challenged for cause.
The court of appeals held that the defendant could have used the six peremptory challenges on those who had been subject to a challenge for cause which was erroneously denied--therefore, he could not show harm. Id. at 328.