Smith v. State

Donald L. Corbin, Justice.

A Lafayette County jury convicted appellant of delivery of a controlled substance, and appellant was sentenced to 40 years imprisonment and a $1.00 fine. Appellant’s sole argument on appeal is that the trial court erred in accepting the jury verdict because a poll of the jury indicated that the verdict was not unanimous. We affirm without reaching the merits of appellant’s argument.

The factual proceedings giving rise to appellant’s argument occurred after the jury retired for deliberation. Approximately 20 minutes after retiring to deliberate, the jury returned to…