P. v. Hodge
Defendant Melvin Lamar Hodge shot his neighbor, Herbert Daire, after defendant, along with his cousin, exchanged words with Daire in the stairwell of their Barstow apartment complex. Defendant was convicted of attempted murder and assault with a firearm. Defendant now contends:
1. Judicial Council of California Criminal Jury Instructions (CALCRIM) No. 3517 did not fully instruct the jury on reasonable doubt as it pertained to the greater and lesser offenses.
2. The trial court did not adequately poll the jury after receiving unnecessary verdict forms on the lesser offense enhancements and erred by refusing to release the jurors names and addresses in order to investigate the additional verdicts for a possible new trial motion.
3. CALCRIM Nos. 603 and 604 deprived him of his due process rights and improperly intruded into the deliberative process. Court conclude that there was no prejudicial error and affirm the judgment.
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