Wiley v. State

THOMPSON, Judge.

Wiley appeals from judgments of guilt of one count of burglary of a structure and two counts of grand theft. He contends, inter alia, that the trial court erred in permitting the jurors to separate overnight after they had already begun deliberations but had reached no verdict. We reverse.

The case was submitted to the jury at 4:00 p.m. on June 3, 1986. Shortly thereafter, the judge announced that he intended to send the jurors home for the evening if they did not reach a verdict quickly. Defense counsel specifically objected to the court’s allowing the jurors to separate, but…