Engelman

Tye John Engelman appeals a judgment convicting him of robbery with personal use of a deadly weapon (Pen. Code, §§ 211, 12022, subd. (b)(1)) and assault with force likely to produce great bodily injury or with a deadly weapon (Pen.Code, § 245, subd. (a)(1)). For the following reasons, we reject his contention that the court erred by instructing the jurors, over his objection, they were obligated to advise the court if another juror expressed an intention to disregard the law in reaching a verdict. He faults this admonition, contained in the recently added CALJIC No. 17.41.1, as improperly intimidating jurors who are inclined to exercise what Engelman characterizes as their right to disregard the law through jury nullification. Accordingly, we affirm the judgment.

One night, Thomas Smith, who was homeless, was lying on his stomach near a bridge. Engelman hit him on the back of the head with a bottle and asked if he had any money. Smith said no. Engelman asked if he had any cigarettes. Smith said all he had was "rollies." Engelman said "That will do," grabbed Smith's package of tobacco, and walked away. Smith went to a restaurant and called 911. A deputy sheriff stopped…