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The People v. Shante Renee Wesley

July 25, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SHANTE RENEE WESLEY, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F06926)

The opinion of the court was delivered by: Nicholson , J.

P. v. Wesley CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Shante Renee Wesley was convicted of vandalism causing more than $400 in damages, a felony (Pen. Code, § 594, subds. (a), (b)(1)).*fn1 The trial court suspended imposition of sentence and placed defendant on five years' formal probation.

On appeal, defendant contends the trial court violated her due process and jury trial rights by discharging a juror without good cause. We affirm.

BACKGROUND

We dispense with recitation of the facts of defendant's crimes as they are unnecessary to this appeal.

During jury deliberations, the jury sent the following question to the trial court: "Is a juror allowed to bring any outside notes or questions inside the deliberations room?"

The trial court called the presiding juror, Juror No. 9, into the courtroom. Juror No. 9 said another juror took the notes out of the deliberation room and brought them back the next day. It was not the jury notebook, but the juror's own notes on his own notepad. Juror No. 9 said the juror was "called on it" and explained "they were notes from the prior day's deliberations." Juror No. 9 did not have any information that the juror was getting any information from outside sources such as the Internet.

The trial court determined Juror No. 7 took the notes and then called him into the courtroom to find out what was happening. Juror No. 7 admitted removing notes from the jury room and denied bringing in outside evidence. Juror No. 7 then told the trial court:

"No, no research evidence. I even avoided talking to people in the hallway that are not on the jury.

"When I see people or witnesses that I think might be witnesses in this trial, I make sure I don't make eye contact and don't say anything or smile.

"I don't think -- I just want to remain clean and not have any suspicion directed toward me for doing ...


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