concurring.
Graham’s sole issue challenges the trial court’s denial of a mistrial on the ground that a juror also served on the grand jury that returned the indictment against him. Because Graham forfeited his right to complain about this issue, the trial court’s judgment is affirmed.
Prior Grand Jury Service by a Juror
Addressing the exact issue before us, the Court of Criminal Appeals recently held that a “challenge for cause is forfeited if not made. Failure to question the jurors on that subject, [whether they sat on the grand jury which returned the indictment], constitutes a forfeiture of the right to complain thereafter.” Webb v. State, 232 S.W.3d 109, 112 (Tex.Crim.App.2007). In Webb, as in this case, “neither party specifically asked the panel if they had previously served on the grand jury that indicted Appellant.” Id.
Accordingly, the trial court did not abuse its discretion in denying Graham’s motion for mistrial. Webb, 232 S.W.3d at 114. We overrule Graham’s only issue and affirm the trial court’s judgment.