STATE v. CHIRINOS

No. 64725-3-I.

255 P.3d 809 (2011)

161 Wash.App. 844

STATE of Washington, Respondent, v. Fernando Feliciano CHIRINOS, Appellant.

Court of Appeals of Washington, Division 1.

May 16, 2011.


Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Appellant.

Jeffrey C. Dernbach , King County Prosecutor, Seattle, WA, for Respondent.


OPINION PUBLISHED IN PART

DWYER, C.J.

¶ 1 Where the trial court seats an alternate juror after temporarily excusing that juror, the court must instruct the reconstituted jury to begin deliberations anew. The trial court need not, however, determine on the record that the alternate juror remains impartial, as the rule governing the seating of alternate jurors confers upon the trial court the discretion to determine whether such an inquiry is necessary...

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