Commonwealth v. Garcia

After a Superior Court jury trial, the defendant and a codefendant were found guilty of armed robbery, in violation of G. L. c. 265, § 17.1 The charges arose from the theft at knifepoint of four dollars and two packages of cigarettes from a resident of a homeless shelter. In this appeal from his conviction, the defendant’s sole contention is that the judge’s discharge *761of a deliberating juror was procedurally defective.2 We agree that the applicable protocols were not followed, and conclude that reversal is required.

Background. On December 17, 2009, at 12:31 p.m., the jury were sent out to…