State of Arizona v. Donald Wayne Dalton

VICE CHIEF JUSTICE PELANDER,

opinion of the Court:

¶ 1 Under Arizona Rule of Criminal Procedure 18.5(h), when a trial court permits the mid-deliberation substitution of a juror, the court must instruct all jurors, including the alternate, “to begin deliberations anew.” When, as here, a defendant does not object to a trial court’s failure to give that instruction and is then convicted, the defendant must establish on appeal that the omission constituted fundamental error. Because defendant Donald Wayne Dalton has not shown prejudice from the trial court’s failure to give the “deliberate-anew”…