Malott v. Miller

OPINION

HOWARD, Judge.

Petitioner brought this special action after the trial court overruled his objection to the questioning of the jury and its returning for further deliberation, eventually resulting in a verdict of guilty of burglary in the second degree. Because we believe the trial court’s actions were an abuse of its discretion and in excess of its jurisdiction, we assume jurisdiction and grant relief.

Petitioner is the defendant in Pima .County Cause Number CR-24625, and was charged by indictment with attempted sexual assault, burglary in the second degree, two counts of public sexual…