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STATE v. DALTON

No. CR-16-0012-PR.

385 P.3d 412 (2016)

STATE of Arizona, Appellee, v. Donald Wayne DALTON, Appellant.

Supreme Court of Arizona.

Filed December 22, 2016.

Attorney(s) appearing for the Case

Mark Brnovich , Attorney General, John R. Lopez IV , Solicitor General, Joseph T. Maziarz , Chief Counsel, Linley Wilson (argued), Assistant Attorney General, Criminal Appeal Section, Phoenix, Attorneys for State of Arizona

James J. Haas , Maricopa County Public Defender, Paul J. Prato (argued), Deputy Public Defender, Phoenix, Attorneys for Donald Wayne Dalton.

VICE CHIEF JUSTICE PELANDER authored the opinion of the Court, in which CHIEF JUSTICE BALES and JUSTICES BRUTINEL, TIMMER, and BOLICK joined.

¶ 1 Under Arizona Rule of Criminal Procedure 18.5(h), when a trial court permits the mid-deliberation substitution of a juror, the court must instruct all jurors, including the alternate, "to begin deliberations anew." When, as here, a defendant does not object to a trial court's failure to...

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