Colyer v. State (428 S.W.3d 117, 2014)

OPINION

COCHRAN, J.,

delivered the opinion of the unanimous Court.

A jury convicted appellant of driving while intoxicated. The trial judge denied his motion for new trial, which alleged that outside influences were improperly brought to bear on the jury foreman. The court of appeals, over a dissent, held that the trial court abused its discretion in denying appellant’s motion for new trial alleging juror misconduct. Because appellant’s “outside influence” argument misapplies our holding in McQuarrie v. State, we granted the State’s petition for discretionary review. Personal pressures — such as a fear of inclement weather or concern about a child’s illness — are not “outside influences” under Texas Rule of Evidence 606(b). Accordingly, juror testimony about these issues is not admissible. Because appellant failed to prove that the jury’s verdict was tainted by juror misconduct, the trial judge did not abuse his discretion in denying appellant’s motion for new trial. We therefore reverse the court of appeals.

I.

At about 1:30 a.m., appellant was driving home alone after having dinner with friends. Police found him stopped in the middle of an intersection, passed out behind the wheel. At trial, the State presented a video of appellant’s performance on the field sobriety tests and of his refusal to submit to a breath test, as well as testimony from the arresting officer. The defense argued that appellant was overworked and sleep deprived, which caused him to fall asleep at the wheel while waiting for the light to change.

The jury found appellant guilty of DWI. After the jury returned its verdict, the judge asked the jury foreman, Mr. Aguil-era, if the verdict was unanimous. Mr. Aguilera responded,