P. v. Simon
Defendant appeals judgment entered against him after the court discharged a juror for failing to deliberate. After the trial court replaced the holdout juror, the jury convicted defendant of robbery. Court conclude the trial court abused its discretion by discharging the juror. The record establishes that the discharged juror deliberated for a reasonable period of time and her discharge constitutes prejudicial error.
Defendant's remaining contentions, in which he raises evidentiary challenges, are moot since court reverse the judgment on the ground the trial court committed prejudicial error in excusing the holdout juror.
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