Carroll v. State

OPINION

A jury convicted appellant Michael Anthony Carroll (“Carroll”) of one count of lewdness with a minor. Carroll appealed, arguing that the district court abused its discretion when seating an alternate juror. We agree and reverse and remand.

FACTS

In 1992, the State of Nevada charged Carroll with two counts of lewdness upon a minor under the age of fourteen. In count I the State alleged that Carroll fondled the legs, thighs and vaginal area (through the clothing) of his apartment complex neighbor, a seven-year-old female. Count II involved a similar act of lewdness with another…