State v. Depaz

¶1 — Vasquez Depaz challenges his conviction for child rape on the grounds that the trial court abused its discretion when it dismissed a known holdout juror. Depaz urges this court to extend its decision in State v. Elmore, 155 Wn.2d 758, 123 P.3d 72 (2005), to limit the trial court’s discretion under RCW 2.36.110 in deciding whether to remove a holdout juror. We reject Depaz’s request to extend Elmore because the concerns present in a case involving juror nullification are not present in a case involving the removal of a juror for communicating with a third party. We also decline the…