Stokes v. State

Johnson, Judge.

Vincent D. Stokes (Stokes) appeals from his conviction of possession of cocaine with intent to distribute and the denial of his motion for a new trial.

1. Stokes asserts that the trial court erroneously replaced two jurors with alternate jurors. We agree.

“OCGA § 15-12-172 authorizes the trial court to replace a juror who ‘dies, becomes ill, upon other good cause shown to the court is found to be unable to perform [his] duty, or is discharged for other legal cause. . . .’ The statute implicitly authorizes the trial court to exercise its discretion with regard to excusing a juror…