P.v. Crosby
After the car he stole ran out of gas in Santa Nella, defendant Benjamin Lee Crosby told an elderly man who was a guest at a nearby motel that his headlights were on. The man left his room, leaving his door open, and defendant, with a crowbar in his pants, went inside. As soon as the man returned, defendant beat him over the head with the crowbar, put a plastic bag around his head, and pulled his eyeglass cord around his neck until he died. He stole the mans car and drove away. He later set fire to the car. A jury found him sane. The court imposed a sentence of life without possibility of parole, together with concurrent determinate sentences on other counts. On appeal, defendant argues prejudice from (1) the courts denial of his motion for a mistrial on the ground of jury misconduct, (2) the mere acquiescence of one juror in the verdict, (3) the courts denial of his new trial motion on the ground of jury misconduct, (4) cumulative error, and (5) the courts imposition of a parole revocation fine.
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