P.

P. v. Animashaun CA2/8

Good Law
Court of Appeal of CaliforniaMay 13, 2013B242996California548 words

Opinion

Opinion

FACTS

In May 2009, the People filed an information charging Animashaun with making criminal threats, attempted burglary, and vandalism causing damages of $400 or more.2 (§§ 422; 664/459; 594, subd. (a).) The information further alleged that Animashaun had suffered two prior “strike” convictions which also qualified as prior serious felony convictions.3 (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d); 667, subd. (a)(1).) At a jury trial in late 2009, the evidence showed that Animashaun behaved badly after convincing himself that a tenant in a neighboring unit at their apartment building had called police on Animashaun. In December 2009, a jury returned verdicts finding Animashaun guilty of the three charged offenses noted above. The trial court sentenced Animashaun to a total aggregate sentence of nine years in the state prison. We thereafter reversed the judgment, finding that jurors had engaged in inadvertent misconduct when they used a juror’s laptop computer to listen to a CD audio recording of a 911 call which had been admitted at trial, and heard both the call which had been admitted at trial, as well as another 911 call which had not been admitted. (People v. Animashaun…

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