Threats v. State

BARTEAU, Judge.

A jury found Stacey Threats guilty of robbery as a Class B felony.1 His appeal presents three issues, which we restate and answer as follows:

1. The evidence was sufficient.

2. The trial judge did not err by replacing a juror during the jury’s deliberations.

3. The trial judge erred by not explaining to the remaining jurors why the one had been replaced.

We reverse.

SUFFICIENCY

The victim’s identification of Threats made the State’s case. The defense consisted of (a) cross-examining the victim to expose inconsistencies in the identification, and (b) presenting the alibi testimony of…