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Name: People v. Renteria
Case #: B146784
District 2 DCA
Division: 4
Opinion Date: 10/31/2001
Subsequent History: None

The trial court reversibly erred under the state constitutional right to a jury trial, when , after substituting an alternate juror for one who fell ill, it failed to instruct the jury sua sponte to disregard its previous deliberations and begin anew. The error was reversible where the jury, which had been deadlocked when the juror fell ill, reached a verdict a half hour after the seating of the alternate, and the case was otherwise close.