People v. Terrell CA3

DISCUSSION

I Verdict Defendant asserts that when the trial court told the jury to go back to the deliberation room and fill out the verdict forms as to the charged and lesser included offenses, the court directed a verdict of guilty on assault, the lesser included offense. The People contend that any error was invited when defense counsel accepted the entry of a guilty verdict on the assault charge and forfeited any challenge to that verdict by failing to object at trial. We affirm.

A. Additional Background On the second day of deliberations, the jury sent a note indicating it reached a verdict on one count but had a disagreement on others. The court released the jury for lunch and requested it to return at 12:30 p.m. to continue to deliberate.

3 At about 2:30 p.m., the court informed counsel it received a note from the jury indicating it was “at an impasse on a certain count and/or special allegation.” The court indicated that, prior to accepting any verdicts, it would ask the jury panel whether it was deadlocked. The parties agreed to that approach. The foreperson subsequently told the court that the jury reached a verdict on a lesser included offense but it was “[t]he higher…