In Gerhardt v. State, 935 S.W.2d 192 (Tex. App.--Beaumont 1996, no pet.), the appellant recognized the no-review general rule, but argued that the trial court "abused its discretion" by failing to consider mitigating circumstances. Gerhardt, 935 S.W.2d at 195. The Court noted that the sentence in that case fell within the statutory range, and the Court found no abuse of discretion. Id. at 196. "Thomas Norman Terry," who was born in July of 1962, was summoned as a potential juror. Id. at 192. "Terry Norman Thomas," who was born in 1937 or 1938, came to court and was impaneled on Gerhardt's jury. During the trial, the bailiff advised the court that the person seated on the jury was not the person summoned. The trial court informed the parties. The trial court observed that the person seated on the jury was qualified and the only issue was his not being one of the persons summoned. The State argued that the trial should continue with the empaneled juror, but Gerhardt moved for a mistrial. The trial court denied Gerhardt's motion and proceeded with the trial. Id. In addressing the issue, the Beaumont court noted that the relevant provisions of the Texas Code of Criminal Procedure speak in terms of persons or jurors "summoned." However, the court recognized that the court of criminal appeals has repeatedly held that "'noncompliance with the mode and manner of service or summoning the venire constitutes error only when injury has been shown.'" Id. The court noted that neither party disputed the trial court's statement that the juror was not disqualified. Because Gerhardt had shown no injury or harm, the court held that the trial court did not err in proceeding with the seated juror. Id.