Szymanski

A jury found Paul John Szymanski guilty of two counts of possession of a controlled substance and transportation of a controlled substance. On appeal, he argues the court abused its discretion in denying a challenge for cause as to Juror No. 13, and the court improperly denied his motion to sever count one from counts two, three, and four. We agree with his first contention and, accordingly, the judgment must be reversed. We need not address his second argument because severance will not be an issue if the case is retried: the jury found Szymanski not guilty on count one.

I

Because the dispositive issue in this case concerns the jury selection process, we need not give a detailed account of the facts underlying the charged crimes. Suffice it to say, count one relates to drugs found by police searching Szymanski’s friend’s house. Szymanski was found sitting in a cluttered bedroom that also contained a baggie of methamphetamine. He said the drugs were not his. The jury believed him and found him not guilty of simple possession.

Counts two and three related to a different incident occurring several weeks later. Police officers arrested Szymanski after they found…