Trotter

People v. Trotter

Good Law
101 Cal. App. 4th 1256·124 Cal. Rptr. 2d 765
Court of Appeal of CaliforniaMay 14, 2003B149459California5,841 words

Opinion

Opinion

JOHNSON, Acting P.J.

Jason Lamont Trotter appeals from the judgment entered following a jury trial resulting in his convictions of second degree robbery and attempted second degree robbery, with findings of personal use of a firearm. [1] Appellant contends the trial court abused its discretion when it discharged a holdout juror. We agree, and further agree the error was prejudicial. However, we do not agree with appellant's contention double jeopardy bars retrial in this case. Accordingly, we reverse the judgment and remand for new trial.

On September 18, 2000, Peralta, his cousin and two friends were driving in Peralta's Oldsmobile Cutlass in the Jordan Downs Housing Development. Appellant and a companion approached and, at gun-point, took the men's money, Peralta's radio and a speaker box and two amplifiers Peralta had in his trunk.

On October 20, 2000, appellant and six or seven other youths took $180 and a wallet from Roberto Cavistan as Cavistan was entering his apartment in the Jordan Downs Housing Development. During the robbery, one of the youths pointed a revolver at Cavistan. Cavistan's daughter observed the robbery and telephoned the police. Within minutes, Los…

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