PEOPLE v. BURNETTE

No. 86CA0847.

753 P.2d 773 (1987)

PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Matthew BURNETTE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 3, 1987.

Certiorari Granted April 11, 1988.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Paul H. Chan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Janet Y. Fullmer, Deputy State Public Defender, Denver, for defendant-appellant.


Certiorari Granted (People) April 11, 1988.

CRISWELL, Judge.

Defendant, Matthew Burnette, appeals a judgment of conviction of second degree assault. He contends that the court erred by allowing an alternate juror, who had been discharged, to replace an absent regular juror after the jury had begun its deliberations. We agree and reverse.

At the end of the presentation of evidence, the jury of twelve was given instructions and retired to deliberate...

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