Arizona Supreme Court

State of Arizona, Appellee v. Angel Eleuterio Diaz, Appellant

February 12, 2010223 Ariz. 358

Summary

The Arizona Supreme Court vacated the court of appeals' opinions and affirmed Diaz's convictions and sentences. It held that the omission of one juror from the reporter's transcript of the jury poll did not establish that fewer than twelve jurors deliberated or determined guilt, particularly when the record otherwise indicated the full jury's presence and unanimous verdict. Because Diaz failed to establish that any error occurred, the court did not need to decide which error-review standard applied.