State v. Rodriguez

OPINION

PICKARD, J.

{1} Defendant challenges the district court’s decision to change the jury’s verdict from not guilty to guilty on a charge of driving while under the influence of intoxicating liquor (DWI). Defendant argues that changing the verdict violated his right to be free from double jeopardy. Defendant also argues that the district court’s jury polling procedure violated his due process rights. Concluding that it was improper for the district court to change the jury’s verdict under the circumstances of this case, we reverse Defendant’s DWI conviction.

BACKGROUND

{2} The State charged…