P. v. Huhn
jury convicted Apollo R. Huhn of the first degree murder of Steven Brucker and conspiracy to commit robbery and burglary. Huhn appeals, contending the trial court (1) improperly denied his request to instruct the jury on the defense of duress; (2) incorrectly responded to a jury note; and (3) wrongfully denied his new trial motion based on juror misconduct. He also contends that the cumulative effect of these errors mandates reversal of the judgment and that the abstract of judgment and sentencing minutes erroneously reflect imposition of a restitution fine.
Court agree that the trial erred in denying Huhn's motion for a new trial based on juror misconduct and reverse the judgment. This conclusion moots any error regarding the restitution fine and the jury note. Because this case may be retried, Court address Huhn's contentions regarding the duress instruction to guide the trial court on remand. (Code Civ. Proc., 43.)
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