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STATE v. RODRIGUEZ-ROSARIO

No. 1 CA-CR 07-0438.

193 P.3d 807 (2008)

STATE of Arizona, Appellee, v. Eliezer RODRIGUEZ-ROSARIO, Appellant.

Court of Appeals of Arizona, Division 1, Department E.

August 19, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals Section and Sarah E. Heckathorne, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Kessler Law Offices by Eric W. Kessler, Mesa, Attorneys for Appellant.

OPINION

PORTLEY, Judge.

¶1 Eliezer Rodriguez-Rosario ("Defendant") challenges his convictions because a juror, when polled, told the trial court he did not agree with the verdict. He argues that the court should have granted his motion for a mistrial. For the following reasons, we vacate the convictions and sentences and remand for a new trial.

FACTS AND PROCEDURAL BACKGROUND

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