P. v. Robinson CA3
Convicted of charges associated with a drive-by shooting and sentenced to a long determinate term in state prison, defendant Vincent Ramon Robinson appeals.
Defendant contends on appeal that the judgment must be reversed because a juror expressed the opinion that defendant could be convicted whether he was the actual shooter or just someone in the car, even though the jury was not instructed on aiding and abetting. We conclude that, even assuming there was jury misconduct, there was no prejudice because the juror’s misunderstanding of the law applicable to this case came to the court’s attention during deliberations and the court gave a clarifying instruction.
Defendant contends we must remand, in any event, because he was sentenced on firearm enhancements and a new law, as enacted in Senate Bill No. 620, effective January 1, 2018, will give trial courts discretion to strike firearm enhancements in the interest of justice.
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