People v. Vincent CA2/4

INTRODUCTION

Donald James Vincent was convicted of multiple felony counts of sexual abuse and molestation of two minors. He appeals, contending that a juror committed misconduct. Appellant argues that the trial court erred in denying his postverdict petition to unseal the juror’s records under Code of Civil Procedure section 237, and in denying his motion for a new trial under Penal Code section 1 1181. He also raises related claims of ineffective assistance of counsel. For the reasons stated below, we conclude that appellant failed to demonstrate prejudice from any juror misconduct or from trial counsel’s performance. Accordingly, we affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. Jury Trial and Verdicts In a consolidated information, appellant was charged with committing numerous sex acts on two minors over a period of several years. Appellant pleaded not guilty on all counts, and a jury trial commenced January 22, 2014. Toward the end of the prosecution’s case-in-chief, the prosecution called the mother of one of the victims as a witness. As the mother recounted what her daughter had told her about the sexual abuse, Juror No. 5 abruptly stood up, said “Excuse me,…