27.04.050 Verdict.
Upon the completion of the closing arguments, the Court or jury, as the case may be, shall render its verdict in open court.
(1) The Court shall enter a verdict of guilty if it believes the defendant to be guilty beyond a reasonable doubt; otherwise, the Court shall render a verdict of not guilty. The Court may render a verdict immediately after closing arguments or may take the case under advisement and rule on it at set later date.
(2) The verdict in a trial by jury must be unanimous among at leas five of the six jurors. It shall be returned by the jury to the judge in open court. If at least five of the six jurors have found beyond a reasonable doubt that the defendant is guilty, the Court shall render a verdict of guilty. Otherwise, the Court shall render a verdict of not guilty in accordance with subsection (1) of this section or order a mistrial in accordance with subsection (7) of this section.
(3) If a verdict of not guilty is rendered by either the Court or the jury, judgment must be rendered immediately and the defendant must be immediately released from custody.
(4) If a verdict of guilty is rendered by either the Court or jury, the Court shall advise the defendant in open Court, set a date for sentencing, and enter a judgment of guilty in the Court’s records.
(A) The defendant may be found guilty of an offense necessarily included in the offense charged or in an attempt to commit either the offense charged or an offense necessarily included in it if the attempt is an offense.
(5) If there are two or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.
(6) When a verdict is returned and before it is recorded, the jury may be polled at the request of any party or upon the Court’s own motion. If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or they may be discharged.
(7) If a mistrial is declared because there is a hung jury or deadlocked jury when the verdict is returned, or if the judge declares a mistrial for any other reason, the judge shall order the case reset with a new trial date and seek the recommendation of the prosecution. In that event, the prosecution may seek to:
(A) Move forward with a new trial;
(B) Enter into a plea agreement with the defendant in accordance with CTC 27.03.030; or
(C) Dismiss the charges.
(a) After hearing the prosecution’s recommendation, the judge may accept the recommendation or dismiss the charges if a second prosecution would result in gross unfairness to the defendant.
(d) If the defendant is to be tried again following a declaration by the judge of a mistrial or following an order of that judge for a new trial, the trial must begin no later than 90 days from the date the action occasioning the retrial becomes final.