(Defendant’s or State’s) Motion to Exclude Alternate Juror From Deliberations

(STATE’S OR DEFENDANT’S) MOTION TO EXCLUDE

ALTERNATE JUROR(S) FROM DELIBERATIONS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the (State or Defendant) in the above-styled and numbered cause, by and through its (assistant district attorney or attorney of record), (name of assistant district attorney or Defendant’s attorney of record), and respectfully moves this Honorable Court to exclude any alternate juror(s) from the jury room during jury deliberations; and in support thereof would show the Court as follows:

I.

A jury has been impaneled for the trial of the instant case. When the jury was impaneled, the Honorable Court impaneled (an alternate juror or two alternate jurors). The alternate juror(s) (has or have) been present for the testimony in the trial.

II.

Tex. Code Crim. Pro. art. 36.22 prohibits any person from being present with the jury during deliberations. The purpose of this statute is to prevent the jury from exposure to any improper outside influence during their deliberations.

III.

Under art. 36.22 and also under arts. 33.01 and 33.011, any alternate juror(s) should be segregated from the actual jury unless and until the alternate juror(s) actually are called upon to replace regular jurors who have...