P. v. Oville
The issues in this appeal arise out of (1) the trial courts remarks to the jurors after they indicated that they were deadlocked and (2) the trial courts subsequent discharge of one juror.
The facts of the underlying crimes are not particularly pertinent, so we summarize them only briefly. On June 24, 2003, around 9:00 p.m., victims Katie B. and Michelle R. were found shot to death in their home in Riverside. The bedrooms had been broken into; some watches and some loose change had been taken. Other residents of the house sold drugs. Defendant had been to the house earlier that evening, around 7:00 p.m., asking for drugs, but he had been told there were none there.
Defendant was found guilty on two counts of first degree murder (Pen. Code, 187, subd. (a), 189), with multiple murder (Pen. Code, 190.2, subd. (a)(3)) and burglary-murder (Pen. Code, 190.2, subd. (a)(17)(G)) special circumstances. An enhancement for personally discharging a firearm and causing death (Pen. Code, 12022.53, subd. (d)) was found true. As a result, he was sentenced to three consecutive life terms, including two without the possibility of parole.
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