State v. Dalton

¶ 28 I respectfully dissent from the majority’s ruling that the superior court’s failure to instruct the jurors to deliberate anew resulted in reversible error. Although I agree that an instruction to deliberate anew is required under Rule 18.5(h) when an alternate juror is substituted for an excused juror, in this case, the unobjected-to failure to instruct the jurors regarding deliberating anew did not rise to the level of fundamental, prejudicial error under State v. Henderson, 210 Ariz. 561, 115 P.3d 601 (2005).

¶ 29 Under Henderson, “[a] defendant who fails to object at trial forfeits the…