State v. Martinez

OPINION

PATTERSON, Judge.

¶ 1 Alphonso Rodriguez Martinez (Defendant) appeals from his convictions for child molestation, aggravated assault, and sexual conduct with a minor. Defendant’s appeal concerns Rule 18.5(h), Arizona Rules of Criminal Procedure, which permits the substitution of an alternate juror when a deliberating juror is excused due to inability to perform, or disqualification from, his or her required duties. For the reasons that follow, we affirm.

FACTS AND BACKGROUND

¶ 2 After trial testimony, the jury in this case retired to deliberate on March 11, 1999, at 1:54 p.m. The jurors…