Morgan

Certified for Partial Publication. [*] .

Defendant Joe Willie Morgan was convicted of selling cocaine to an undercover police officer (Health & Saf.Code, § 11352) and was committed to state prison. On appeal, he raises a number of contentions, including a claim that the trial court erred in instructing the jurors, pursuant to CALJIC No. 17.41.1, that they were obliged to advise the court if any juror refused to deliberate or expressed an intention to disregard the law or to decide the case based upon penalty or punishment or any other improper basis.

In the published portion of this opinion, we conclude that the trial court properly instructed with CALJIC No. 17.41.1. As we shall explain, we reject defendant's assertion that this instruction has a "chilling effect" upon jury deliberations, and find instead that it serves the important function of protecting the due process right of litigants to a fair trial and promoting the rule of law, which is the cornerstone of our legal system.

In the unpublished portions of this opinion, we find no merit in defendant's remaining claims of error but conclude that, having imposed a $300 restitution fine pursuant to Penal…