People v. Renteria CA1/3

Filed 9/30/15 P. v. Renteria CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Appellant,

A143345

v. FERNANDO DANIEL RENTERIA, (City & County of San Francisco Super. Ct. No. 222161) Defendant and Respondent.

The trial court vacated a jury verdict and granted defendant Fernando Daniel Renteria’s motion for a new trial following an evidentiary hearing in which the court found that prejudicial juror misconduct occurred during deliberations. The trial concerned robberies unrelated to gang activity, yet a juror injected an opinion explicitly based on extraneous information obtained as a law enforcement officer that defendant is the member of a dangerous street gang. The district attorney appeals. We shall affirm the order.…