James v. ColoradoAnnotate this Case
Petitioner Dustin James sought review of the court of appeals’ judgment affirming his conviction for possession of methamphetamine. Upon realizing that it had failed to discharge the alternate juror before the jury retired to deliberate, the district court recalled and dismissed the alternate; instructed the jury to continue on with deliberations uninfluenced by anything the alternate may have said or done; and denied the defense motion for dismissal or mistrial. The court of appeals concluded that the trial court’s error in allowing the alternate juror to retire with the jury and the juror’s presence for part of the deliberations were harmless beyond a reasonable doubt, and after rejecting James’s other assignments of error, affirmed his conviction. The Colorado Supreme Court concluded the evidence supporting the defendant’s guilt of the lesser offense of possession, the only offense of which he was convicted, was overwhelming and was in fact never seriously challenged, the district court’s failure to recall the alternate for approximately ten minutes amounted, under the facts of this case, to harmless error. The judgment of the court of appeals was therefore affirmed.