P. v. Nunally CA3
The People appeal from the trial court’s order granting defendant Michael Nunally’s motion for a new trial based on juror misconduct. (Pen. Code, § 1238, subd. (a)(3).) The People concede that members of the jury engaged in misconduct by considering extraneous information--the contents of a cell phone that was mistakenly admitted into evidence--during their deliberations after being admonished not to do so, but argue that the trial court erred in concluding that defendant was prejudiced by the misconduct. We discern no abuse of discretion and shall affirm.
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