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People v. Garcia

California Court of Appeals, Second District, Fifth Division

March 12, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
JAIME GARCIA, Defendant and Appellant.

[DEPUBLISHED BY ORDER]

[CERTIFIED FOR PARTIAL PUBLICATION][*]

APPEAL from a judgment of the Superior Court of Los Angeles County, No. PA065680 Shari Silver, Judge.

COUNSEL

Page 739

Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

Page 740

OPINION

MOSK, J.

INTRODUCTION

Defendant was convicted of attempted murder, various firearm offenses, and participating in a gang. In the published portion of this opinion, we hold that even if the trial court directed alternate jurors to be in the jury room during juror deliberations, which is not at all clear, the judgment does not need to be reversed because there was no showing that the alternate jurors participated in the deliberations or that there was any other prejudice, presumed or otherwise.

BACKGROUND[*]

DISCUSSION

I. Presence of the Alternate Jurors During ...


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