People v. Hearn CA2/1

BACKGROUND

An amended information charged Hearn with 10 counts of felony grand theft of personal property exceeding $950, in violation of Penal Code section 487, subdivision (a),1 and four counts of felony second degree commercial burglary, in violation of section 459. Hearn pleaded not guilty. A codefendant charged with 12 counts of grand theft and commercial burglary pleaded guilty to two counts of grand theft, and the other counts against her were dismissed; she is not a party to this appeal. During jury deliberations, the trial court dismissed one count of grand theft for insufficient evidence under section 1118.1. The trial court accepted a partial verdict of guilty on counts 12, 13, and 19 and not guilty on counts 1, 3, and 4. One juror was discharged, an alternate juror was substituted, and the jury again began deliberation on the remaining counts. The jury acquitted Hearn on one of those counts. After the jury could not reach a verdict on the then remaining counts, the court declared a mistrial, denied Respondent’s request to retry those counts, and dismissed them. The trial court sentenced Hearn to four years and four months in county jail, fines, and fees. The court…