State v. Rodriguez-Rosario

OPINION

PORTLEY, Judge.

¶ 1 Eliezer Rodríguez-Rosario (“Defendant”) challenges his convictions because a juror, when polled, told the trial court he did not agree with the verdict. He argues that the court should have granted his motion for a mistrial. For the following reasons, we vacate the convictions and sentences and remand for a new trial.

FACTS AND PROCEDURAL BACKGROUND 1

¶2 An undercover Phoenix police officer purchased twenty dollars of methamphetamine from Defendant in September 2006. Defendant was indicted and tried for possession of narcotic drugs for sale, a class two felony;…