P. v. Paco CA6
Following a jury trial, defendant was convicted of a lewd and lascivious act on a child under the age of 14 years (Pen. Code, § 288, subd. (a). ) He was found not guilty of three other sex offenses against the same victim. The trial court granted probation on certain terms and conditions.
During trial, two seated jurors overheard an exchange in Spanish between Lydia, the alleged victim, A. (Lydia’s mother), and Y. (Lydia’s older sister) in the elevator. The exchange did not come to light until the case had already been submitted to the jury for decision. The two jurors were removed from the jury, and deliberations continued with alternate jurors. Defendant unsuccessfully moved for a mistrial, to reopen the case for further evidence, and for a new trial based on new evidence.
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