Taylor v. State

OPINION

BARTEAU, Judge.

Kenneth Taylor was convicted of burglary, a Class B felony, and theft, a Class D felony, following a trial by jury. Taylor now appeals his convictions and raises the following issues:

1. Whether the trial court committed fundamental error by permitting the alternate juror to retire to the jury room during deliberations without first giving an instruction that the alternate juror was not to participate in the deliberations or communicate with the other jurors regarding deliberations unless and until it became necessary for him to replace one of the jurors?; and

2. Whether…