State v. Hernandez
State v. Hernandez
Opinion of the Court
OPINION
Appellant was convicted of unlawful transportation of heroin valued over $250 and sentenced to a term of 5.25 years’ imprisonment. On appeal, the question arises as to whether the jury verdict was in fact unanimous in view of juror Nelson’s remark upon polling of the jury that his verdict was guilty but with reservations.
The basic facts of the case are not in dispute and will not be reiterated herein. The sole point on appeal concerns the polling of the jury and one juror’s response. After reading of the verdict, defense counsel requested that the jury be polled. Juror Nelson indicated he agreed with the verdict but that he had reservations, but did not wish to discuss it further. -The court asked if he needed additional time for deliberations and he stated that he did not. The court then inquired as to whether his verdict was indeed guilty and he replied that it was. The verdict was then accepted and the jury dismissed. A timely motion for new trial was filed by defendant together with a juror affidavit expressing the reasons why juror Nelson had reservations. A hearing was held and testimony was taken from juror Nelson as to his reservations. The motion for new trial was denied and this appeal followed.
Appellant claims the court erred in accepting the verdict in view of one juror’s “reservations,” citing United States v. McCoy, 429 F.2d 739 (D.C.Cir. 1970). In McCoy, a juror, when polled, said her verdict was guilty “... with a question mark.” 429 F.2d at 741. The court accepted the guilty verdict, with no further questions, over the defendant’s objections. The D.C. Circuit Court of Appeals reversed, citing Matthews v. United States, 252 A.2d 505,
The verdict and sentence are affirmed.
Reference
- Full Case Name
- The STATE of Arizona v. Hector Jesus HERNANDEZ
- Cited By
- 3 cases
- Status
- Published