Ballentine v. State

Deen, Presiding Judge.

Frederick Ballentine brings this appeal from his conviction of five counts of child molestation, following the denial of his motion for a new trial.

1. Appellant first contends that the trial court erred in denying his motion for a new trial because a regular juror was improperly replaced by an alternate juror during jury deliberations.

Jury selection and voir dire occurred nine days before trial. Appellant did not object to the constitution of the jury or improper jury deliberation until he filed a motion for a new trial four months after trial. At the motion hearing, the…