P.v . Hernandez
Defendant Jorge Hernandez was charged by information in count 2 with conspiracy to commit the murder of Garrett Warren (Pen. Code, 182, subd. (a)(1))[1]and in counts 3 and 4 with the willful, deliberate, and premeditated attempted murders of Garrett Warren and Joanne Warren ( 187, 664, subd. (a)). The information also alleged as to counts 2 to 4 that a principal was armed with a firearm ( 12022, subd. (a)(1)); as to counts 2 and 3 that defendant personally and intentionally discharged a firearm causing great bodily injury to Garrett Warren ( 12022.53, subd. (d)); and as to counts 2 to 4 that defendant personally and intentionally discharged a firearm ( 12022.53, subd. (c)). On appeal, defendant claims the trial court erred in not allowing inquiry into an allegation of juror misconduct relating to a statement, following closing argument, made by a juror to defendants wife and the gift of a crucifix. Court disagree and affirm the judgment.
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