Castorena

Henry Castoreña appeals from the judgment entered following a jury trial that resulted in his conviction of second degree murder. (Pen. Code, § 187, subd. (a)(1).) He was sentenced to prison for the term of 15 years to life.

Appellant contends that during deliberations the trial court improperly excused a juror who believed in appellant’s innocence. We reverse the judgment and remand the matter for a new trial based on the trial court’s prejudicial failure to conduct a sufficient inquiry into the allegations of juror misconduct.

Factual Summary

“On appeal, we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. . . .” (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ].) That evidence showed that appellant operated a towing service out of his home with the assistance of his wife, Hortensia. She wanted appellant to sell the business and retire. They had frequent heavy discussions because appellant wanted to continue.

Appellant, who enjoyed gambling, often “lost his shorts” on trips to Las Vegas. At one…