Blair
People v. Blair
Opinion
Lead Opinion
Best, J.
Defendant was charged by information with five counts of burglary (Pen. Code, 1 § 459; counts I, III, V, VII, IX) and five corresponding alternative counts of receiving stolen property (§ 496; counts II, IV, VI, VIII, X). Shortly before 5 p.m. on the third day of trial, the jury was returned to the courtroom from its deliberations, and the jury foreman advised the court that the jury had arrived at verdicts as to seven of the counts but was unable to agree as to the other three counts.
Upon examining the verdicts, the trial court noted guilty verdicts on counts II and VI (receiving stolen property) and not guilty verdicts on the corresponding alternative burglary counts (counts I and V). These verdicts were received and recorded. The trial court further noted, but not on the record, that the foreman had signed guilty verdicts for each of the remaining receiving-stolen-property counts (IV, VIII, X), but that the not guilty verdict forms for the corresponding burglary counts (III, VII, IX) were unsigned. The trial court ordered the jurors to return the following morning to reconsider their verdicts on counts III, IV, VII, VIII, IX, X. Following additional deliberations the…