Elkins

Appellant Jeffrey Elkins was convicted of robbery (Pen. Code, § 211) and first degree murder (Pen. Code, §§ 187, 189) and was also found to have used a deadly weapon in the commission of each offense (Pen. Code, § 12022, subd. (b)).

In this appeal from the judgment of conviction, he contends that: (1) the misstatement of an instruction by a juror during deliberations constitutes prejudicial jury misconduct; and (2) the trial court committed prejudicial error in reinstructing the jury. We reject these contentions and uphold the judgment.

Appellant was a drug user and on occasion had purchased marijuana and cocaine from the murder victim, Larry Ecklund. Ecklund, a drug dealer, often carried and displayed large sums of money. On the night of the murder, appellant, who with Ecklund was to spend the night at the home of a mutual friend, knew that Ecklund had in his possession a large sum of money. That evening, appellant entered the bedroom where Ecklund was sleeping and took $1,500 from his wallet. In the ensuing struggle, appellant killed Ecklund.

The facts at this point are disputed. The state introduced circumstantial evidence that appellant took the victim’s wallet…