P. v. Peralez CA3
A jury found defendant Johnny Peralez guilty of assault with a firearm (Pen. Code § 245, subd. (a)(2)) , assault (§ 240), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The jury found true two enhancements to the charge of assault with a firearm--personally using a firearm (§ 12022.5, subds. (a) & (d)) and causing great bodily injury (§ 12022.7). The trial court sentenced defendant to a total term of 14 years 4 months in prison.
Defendant argues the trial court erred in denying his motion to remove two jurors who committed misconduct, and that their misconduct deprived him of a fair trial. He also claims the court gave a coercive instruction after the jury announced it was deadlocked.
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