In re: Korfmann

ELMORE, Judge.

Christopher Korfmann (appellant) appeals from the trial court's order finding him in direct criminal contempt for using a cell phone during jury deliberations and sentencing him to thirty days in prison. After careful consideration, we reverse and vacate the order.

I. Background

On 8 June 2015, appellant was selected to serve as a juror for a civil trial in Wilson County Superior Court. After the trial and during jury deliberations, the trial judge received a note from the jury room. As a result, he recalled the jury to the courtroom and asked the foreperson, who happened to be…