State v. Dalton
Annotate this CaseAfter a jury trial, Defendant was found guilty of second degree burglary. In the middle of deliberations and after the jurors stopped for the day, the parties agreed to replace one juror with an alternate juror. The jury reconvened the next morning with the alternate juror, but the trial court did not instruct the jurors “to begin deliberations anew” pursuant to Ariz. R. Crim. P. 13.5(h). Defendant did not object to the court’s failure to give the instruction. The court of appeals vacated Defendant’s conviction and sentence and remanded for a new trial, concluding that the trial court’s failure to instruct the jury to begin deliberations anew violated Defendant’s constitutional right to a unanimous verdict and was fundamental, prejudicial error. The Supreme Court vacated the court of appeals’ opinion and affirmed the conviction and sentence, holding that Defendant failed to show prejudice from the trial court’s failure to give the “deliberate-anew” instruction.
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