Hinton

The issue presented is whether the trial judge erred by giving the deadlocked jury a "dynamite" instruction. In his charge, the judge emphasized the case must be decided by a jury at some point. He said a trial necessitated a substantial investment in time and resources. He told jurors holding a minority position to “respect the majority opinion” and to “question their own judgment if a majority of the jurors take a different view of the case.” With this, the judge acted in clear and prejudicial violation of the California Supreme Court’s holding in People v. Gainer (1977) 19 Cal.3d 835 [ 139 Cal.Rptr. 861 , 566 P.2d 997 ] (Gainer). Consequently, we must reverse.

BACKGROUND

A dispute, which attracted many onlookers, took place in front of defendant’s house. According to prosecution witnesses, defendant had a gun and fired into the air. On the other hand, defendant presented witnesses who indicated someone else had a gun and fired the shot.

Defendant was tried by jury on charges of unlawful discharge of a firearm and being a convicted felon in possession of a firearm. The day after jury deliberations began, the jury sent the court a note, stating: “We seem unable to…