Jackson v. State

Everett Jackson timely appeals after a jury convicted him of robbery, a lesser included offense of robbery with a firearm. He argues the trial court abused its discretion in denying Jackson a new trial where it accepted the jury’s verdict as unanimous, and in not returning the jury for more deliberations. We agree and reverse.

The state showed that on the date in question, Jackson grabbed the victim’s necklace and bracelet off his person. After the jury found him guilty of robbery, the trial court polled the jury. The foreman indicated that the verdict was not his. The trial court asked this…