Harper v. State

Gary Harper appeals his judgment of conviction and sentence. We affirm because it was within the trial court’s discretion to recall a jury that had not yet been discharged in order to correct a clerical error in its verdict.

The State charged Harper with kidnapping and burglary with an assault or battery. The jury returned a verdict of guilty of the lesser count of false imprisonment, and of simple burglary. The jury read the verdict, and the court polled the jury. The court then reviewed the verdict form and found that the jury had failed to fill out completely the verdict form to indicate…