State v. Pacheco

OPINION

VIGIL, Judge.

{1} This case requires us to determine the consequence of an interpreter being present while the jury deliberated Defendant’s guilt or innocence without the benefit of an oath or instruction to ensure that she neither participate in or interfere with the jury’s deliberations. We hold that in these circumstances there is a presumption of prejudice. Since the presumption was not overcome, we reverse Defendant’s convictions and remand for a new trial.

BACKGROUND

{2} During voir dire and throughout the trial, an interpreter was present so that two of the jurors could understand…