State v. Brinkley

Timothy Brinkley appeals his conviction on a charge of attempted first degree robbery. He contends on appeal that the trial court erred in permitting the State to reopen its case in order to present witnesses to address a question from a juror. We affirm.

Brinkley was charged in Kitsap County Superior Court with attempted first degree robbery. On the third day of his jury trial, immediately after the defense had rested and the State had indicated that it had no rebuttal witnesses, a juror indicated to the trial court that he had a question. The trial judge instructed the juror to reduce the…