People v. Rosa

OPINION OF THE COURT

Fred W. Eggert, J.

The following constitutes the decision and order of the court.

This case presents the following question: If the foreperson of a jury becomes incapacitated during trial and is replaced by an alternate juror, does this alternate juror then serve as foreperson? Surprisingly no reported case has considered this question.

In the case at bar, during the midst of trial the foreperson of the jury became incapacitated and was discharged and replaced by the first alternate juror. Defendants now have an application to appoint regular juror number two as foreperson,…