Wallace v. State

NORTHCUTT, Judge.

Roy Wallace challenges his conviction for possession of marijuana, cocaine and drug paraphernalia on several grounds. We reject his argument that the evidence was insufficient to support his conviction. But we hold that the trial court erred by permitting the trial to proceed with only five jurors. Accordingly, we reverse Wallace’s conviction and remand for a new trial. Our resolution of this issue obviates discussing Wallace’s other points on appeal.

This case began when Wallace stopped on the way home from work to have a drink at a lounge connected to a motel. He was outside…