People v. Bowers

Opinion

NICHOLSON, Acting P. J .

At trial in this case, the court discharged a juror for failure to deliberate, even though the juror listened to all of the evidence, participated to some extent in the discussions concerning the evidence in the jury room, and remained willing and able to vote concerning the verdict. We conclude the trial court abused its discretion by discharging this juror and therefore reverse.

Factual and Procedural Background

A jury convicted defendant Reginald Bowers of one count of penetration with a foreign object of a person under 16 years of age and three counts of *725oral…