The Colorado Supreme Court held that appellate review was precluded because defense counsel did not properly preserve an objection by merely noting that a juror was sleeping, without objecting or requesting court action.
According to the opinion, Edward J. Forgette was arrested and charged with second-degree burglary of a dwelling, a class 3 felony. On the second day of his trial, during a side bar, the prosecutor mentioned that a juror was asleep. Later that same day, in a colloquy at the bench, defense counsel discussed the sleeping juror with the judge.
