State v. Greer

In State v. Greer, 190 Ariz. 378, 948 P.2d 995 (App. 1997), the court reporter had failed to transcribe the answers of each juror as he or she was polled, instead merely noting parenthetically that the jury had been polled. 190 Ariz. at 380, 948 P.2d at 997. On appeal, the defendant argued the omission from the transcript had deprived him of his right to poll the jury. Id.; see Ariz. R. Crim. P. 23.4. Division One of this court affirmed Greer's convictions, finding the omission harmless because the trial court's minute entry "adequately recorded" that the court had polled the jury and that the jurors had confirmed the unanimity of the verdict. Greer, 190 Ariz. at 381, 948 P.2d at 998. The defendant in Greer did not dispute that a full jury had participated in the determination of his guilt. 190 Ariz. at 380-81, 948 P.2d at 997-98. Rather, Greer merely contended the failure to transcribe the polling procedure deprived him of his right to poll the jury to confirm the unanimity of the verdict. Id.