Harris v. State

SHIELDS, Presiding Judge.

Robert J. Harris appeals the trial court's denial of his motion to dismiss pursuant to Ind. Rule of Appellate Procedure 4(B)(6).

We reverse.

At the close of Harris's trial for theft, a class D felony, the jury returned a verdict of not guilty.1 However, when the State polled the jury, three members disavowed the not guilty verdict. Upon inquiry by the judge, it was apparent the jurors mistakenly believed their verdict had to be unanimous only if they were convicting the defendant. The judge denied the State's motion for mistrial, accepted the verdict of not guilty, and…