Delamora

Salvador Delamora appeals following his conviction of one count of attempted robbery, contending the trial court improperly discharged two jurors during deliberations. We reverse.

Background

David Victor was approached by two men (later identified as Delamora and Denis Hernandez) who asked for money. When Victor said he had none, Hernandez grabbed him and held him while Delamora tried to reach into his pockets. Victor yelled for help and was heard by a passing police officer who saw him trying to break away from two assailants. Delamora and Hernandez ran away when the officer approached, but they were caught by other officers, arrested, and charged with one count of attempted robbery.

Delamora and Hernandez were tried together. Voir dire began on Monday, July 24, 1995, at which time the trial court told the prospective jurors that the trial would probably conclude on Tuesday or Wednesday of the following week and asked whether that posed a problem for anyone. Elizaveta Mkhitarian answered affirmatively, explaining that she had completed five days of jury service and would be paid by her employer for only ten days. Cecilia Camacho-Shapiro also responded affirmatively,…