P. v Ross
Defendant James Darnell Ross threatened his former wife and her son and broke the windows at their residence. A jury convicted defendant of two counts of making criminal threats (counts 1 and 3), one count of felonious vandalism (count 2), and a bail enhancement for count 3. (§§ 422, 594, and 12022.1) The court dismissed count 4 for attempting to dissuade a witness. (§ 136.1, subd. (b)(1).) In a bench trial, the court found true that defendant had suffered a prior “strike†and a prior felony conviction resulting in imprisonment. (§§ 667, subds. (d)-(i), and 667.5, subd. (b).) The court sentenced defendant to a total prison term of 11 years eight months. (E051536, p. 2.)
In People v. Ross (E051536), an unpublished decision, this court reversed with directions “for the limited purpose of allowing defendant a reasonable time to investigate juror misconduct by Juror No. 79 and permitting defendant to file a motion for new trial, if warranted.†(E051536, p. 16.) On remand, a hearing was held on defendant’s motion for new trial. The motion was denied. Defendant appeals from the final judgment entered on October 25, 2012. (§ 1237, subd. (a); Cal. Rules of Court, rule 8.304(a).)
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