Castro

Appellant was found guilty by a jury of destroying jail property in violation of Penal Code section 4600, arson in violation of Penal Code section 451 and rioting in violation of Penal Code section 404. The jury also found that appellant intentionally damaged and destroyed property of a value exceeding $100,000 as provided by Penal Code section 12022.6, subdivision (b).

After denying a motion for a new trial based on juror misconduct allegations, the trial court sentenced appellant to prison for a term of eight years.

For the reasons to be explained, we hold that appellant’s conviction must be reversed for juror misconduct which prejudiced appellant’s right to a fair trial.

The Facts

During the evening twilight hours of June 3, 1984, a riot occurred at the minimum security section of the Kern County Lerdo jail facility. The min *852 imum security section was fenced and surrounded by a common area containing about 620 prisoners.

The rioting continued for several hours and involved 100 to 250 inmates, some of whom set fire to a maintenance building and other structures resulting in a loss exceeding $242,000.

Correctional Officers Johnson, Davis and Narvaez were…

I must respectfully dissent.

It is a fundamental principle in California that the decision whether to grant a motion for a new trial rests within the sound discretion of the trial judge and that the decision will not be disturbed on appeal absent a manifest abuse of discretion. (People v. McDaniel (1976) 16 Cal.3d 156, 177 [ 127 Cal.Rptr. 467 , 545 P.2d 843 ].) The trial court’s determination of the absence or existence of prejudice resulting from juror misconduct is a determination of fact. (People v. Cooper (1979) 95 Cal.App.3d 844, 853 [ 157 Cal.Rptr. 348 ].)

The trial court conducted a hearing on appellant’s motion for a new trial on October 16, 1984. In denying appellant’s motion for a new trial, the *858 court reasoned that the actions of the particular juror did not amount to misconduct. The court noted that the “declaration filed, signed by Steven Dooley, the juror, is as notable for its lack of information as for the information it provides.” Since each juror indicated in voir dire some familiarity with the use of binoculars, the court analogized the situation to the one in Cooper . The court stated “based on the Cooper rationale that it would appear that this type of…

FRANSON, Acting P.J.

Appellant was found guilty by a jury of destroying jail property in violation of Penal Code section 4600, arson in violation of Penal Code section 451 and rioting in violation of Penal Code section 404. The jury also found that appellant intentionally damaged and destroyed property of a value exceeding $100,000 as provided by Penal Code section 12022.6, subdivision (b).

After denying a motion for a new trial based on juror misconduct allegations, the trial court sentenced appellant to prison for a term of eight years.

For the reasons to be explained, we hold that appellant's conviction must be reversed for juror misconduct which prejudiced appellant's right to a fair trial.

During the evening twilight hours of June 3, 1984, a riot occurred at the minimum security section of the Kern County Lerdo jail facility. The minimum security section was fenced and surrounded by a common area containing about 620 prisoners.

The rioting continued for several hours and involved 100 to 250 inmates, some of whom set fire to a maintenance building and other structures resulting in a loss exceeding $242,000.

Correctional Officers Johnson, Davis and Narvaez were…