State v. Cartagena

Oscar C. Cartagena appeals from a judgment of conviction on two counts of delivery of a controlled substance contrary to secs. 161.41(l)(b) and 161.16(2)(b)l, Stats. During a voir dire following a sealed verdict and a poll of the jury, one juror changed his mind. We reverse and remand for a new trial because the jury’s verdict was not unanimous.

The case against Cartagena was submitted to the jury on November 7. Because the court reporter was unavailable when the jury advised that it had a verdict, the court instructed the jury to seal the verdict. The jury separated for the night and…