P. v. King CA5
Appellant Derek Robert King was convicted by jury of second degree burglary (Pen. Code, § 459), attempted burglary (§§ 664/459), and misdemeanor possession of stolen property (§ 496, subd. (a)). Following a bifurcated hearing, the trial court found true an allegation alleging King had suffered a prior strike conviction within the meaning of the Three Strikes law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) King was sentenced to an aggregate prison term of six years eight months.
On appeal, King contends his post-verdict motion for a new trial should have been granted for two reasons: (1) Juror No. 2 received evidence outside of court proceedings, which he failed to disclose until after a verdict had been reached; and (2) Juror No. 2 failed to participate in the deliberative process. King further contends (3) remand is required because the trial court abused its discretion in relying upon Juror No. 2’s testimony in denying King’s motion for a new trial. We affirm.
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