P. v. Espinoza
Defendant and Appellant was charged with 11 counts of sexual misconduct with three minors under the age of 14, each of whom was his great grandchild. At trial, the prosecution called each of the children to testify and introduced certain evidence that had been recovered from a search of defendant's home, including an adult magazine and several suggestively labeled lotions or creams. During a recess after the close of evidence, but prior to deliberations, an observer of the trial referred to defendant as her neighbor, in the presence of several jurors.
Court hold that the trial court did not err in denying defendant's motion for a new trial based on the alleged juror bias or misconduct and did not commit prejudicial error in admitting evidence of the adult magazine and lotions.
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