P .v. Jones CA4/1

FACTS

A. Prosecution Evidence

On the evening of August 24, 2011, Mr. Patton invited Jones to come to Patton's

house to smoke marijuana. Three men in a silver vehicle arrived at Patton's home, but

one of the men remained outside while Jones, accompanied by Joy, went to the front door

of Patton's home and were invited inside. Patton had never seen Joy before. After the

vehicle arrived, the third man got out of the backseat, walked around the front, and got

into the driver's seat.

All further statutory references are to the Penal Code unless otherwise specified.

A Hedgecock hearing refers to an evidentiary hearing in which jurors may be compelled to testify to "resolve factual issues presented by a new trial motion based on allegations of juror misconduct." (People v. Hedgecock (1990) 51 Cal.3d 395, 414.) 2 Patton, accompanied by Joy, went to the kitchen to retrieve some marijuana. As

Patton reached into a drawer, Joy grabbed him around the neck and pointed a .38 caliber

gun at his head. Joy then forced Patton to squat down on one knee, ordered him to

remove his ring, and took the ring.

Patton's wife (Linda) heard her husband moan…