State v. Hernandez

In State v. Hernandez, 147 Ariz. 312, 709 P.2d 1371 (App. 1985), a polled juror told the trial court that "his verdict was guilty but with reservations." Id. at 312, 709 P.2d at 1371. The judge then asked the juror if he needed more time to deliberate and when he indicated no more time was needed, the court asked him if his verdict was guilty and "he replied that it was." Id. On appeal from the denial of the motion for new trial, we noted that "it is the court's duty to return the jury for further deliberations or dismiss the jury and declare a mistrial." Id. at 313, 709 P.2d at 1372 . The Court, however, found that because the juror did not wish to discuss his reservation and that upon further inquiry "the court determined from the juror that his verdict was guilty with no expression of reservation," the court did not err in finding that the verdict was unanimous. Id.