P.

Filed 4/18/13 P. v. Smith CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D061801

Plaintiff and Respondent,

v. (Super. Ct. No. SCD219244)

ANDRE DELOINE SMITH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Desiree A.

Bruce-Lyle, Judge. Affirmed.

The issue in this case is whether the trial court abused its discretion, on remand

from an earlier appeal, by denying defendant an evidentiary hearing on his motion for a

new trial based on juror misconduct. We find no abuse of discretion and accordingly,

affirm the order.

BACKGROUND1

A jury convicted Andre Deloine Smith of carrying a concealed dirk or dagger.

(Former Pen. Code, § 12020,…