People v. Cabrera CA5

FACTS

Defendant was charged with attempted second-degree robbery (Pen. Code, §§ 211, 664), personally discharging a firearm causing great bodily injury or death (Pen. Code, § 12022.53, subd. (d)) and personally inflicting great bodily injury (Pen. Code, § 12022.7, subd. (a).) (People v. Cabrera (May 10, 2011, F057254) [nonpub. opn.] (Cabrera I).) At defendant’s jury trial, there was evidence indicating he and a confederate attempted to rob a taco truck and that defendant shot the cashier in the process. (Cabrera I, supra, F057254.)2 The jury ultimately convicted defendant of attempted second degree robbery and found the special allegations true. The issues in this appeal

1All further statutory references are to the Code of Civil Procedure, unless otherwise noted. 2 Our recitation of the underlying facts is brief because “[t]he facts surrounding [defendant’s] crimes … are not relevant to the analysis of juror misconduct claims .…” (In re Boyette (2013) 56 Cal.4th 866, 871.)

2. arise from a former juror’s postverdict allegations of juror misconduct during deliberations.

Jury Deliberations and Allegations of Misconduct3 “On the afternoon of September 23, 2008, the jury began the…