State v. Lightner

MAYNARD, Justice:

The Circuit Court of Wood County, West Virginia, failed to dismiss the alternate juror prior to sending the jury to the jury room to begin deliberations in this case. As a result, thirteen people deliberated and voted on the verdict which found the defendant guilty. We agree with the State that this does not constitute reversible error per se nor plain error which affects the substantial rights of the defendant. Therefore, we affirm the conviction.

The defendant, Eric Lightner, was accused of sexually abusing his stepchildren. He was indicted on three counts of sexual assault…