Engstrom
People v. Engstrom
Opinion
Lead Opinion
Nicholson, J.
Where, as here, the jurors do not rely on extraneous materials or evidence, or conduct an improper experiment, is it misconduct for them to reject and correct what appeared to the jurors to be an expert’s formulaic miscalculation of the anticipated yield of an indoor marijuana garden? The trial court answered “yes,” and granted defendant Eric Anthony Engstrom’s motion for a new trial based on juror misconduct. We disagree.
Defendant was charged with possession of marijuana for sale (Health & Saf. Code, § 11359) and cultivation of marijuana (Health & Saf. Code, § 11358), with enhancements for being armed in the commission of both offenses (Pen. Code, § 12022, subd. (a)(1)). A jury found defendant not guilty of possession for sale, found him guilty of the cultivation charge, and concluded the firearm allegation was not true.
The trial court granted defendant’s motion for a new trial based on juror misconduct. The People appeal the trial court’s order granting a new trial, contending the ruling is based on mere evidentiary errors and not juror misconduct. We reverse the trial court’s order.