Ludaway v. State

SMITH, Judge.

Appellant appeals his conviction for attempted burglary, raising several issues. We agree with appellant that the trial court reversibly erred in denying his motion for mistrial when it was discovered that the jury had begun its deliberations in the presence of an alternate juror and another juror who was subsequently excused. Since this error requires that we reverse for a new trial, we will not address the remaining points as a new trial will remedy these errors.

At the conclusion of the evidence and after the jury instructions, the court excused the two alternate jurors and…