People v. Merritt CA1/4

Filed 11/4/24 P. v. Merritt CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent, A168414 v. (Lake County AUSTIN TYLER MERRITT, Super. Ct. No. CR963871) Defendant and Appellant.

MEMORANDUM OPINION1

Austin Tyler Merritt appeals from the trial court’s denial of his motion for new trial. After trial, Merritt brought a motion for new trial under Penal Code section 1181, subdivisions (3), (4), and (6).2 The motion was based upon a letter written by a juror to the court. In the letter, the juror stated, “I had a lot of ‘reasonable doubt’. However, I was the only one of the twelve, and after some deliberation, it became obvious that none of the other eleven, some of whom were adamant, would ever change…