STATE v. HERNANDEZ

No. 2 CA-CR 3791.

147 Ariz. 312 (1985)

709 P.2d 1371

The STATE of Arizona, Appellee, v. Hector Jesus HERNANDEZ, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Reviewed Denied November 27, 1985.

Review Denied November 27, 1985.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Gerald R. Grant, Phoenix, for appellee.

Keller & Postero by Nancy Grey Postero, Tucson, for appellant.


OPINION

HATHAWAY, Presiding Judge.

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...

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