P. v. Mitchell CA2/1
Defendant and appellant Bryan Mitchell appeals from the judgment of his convictions of spousal rape, attempted murder, and assault with a deadly weapon. Mitchell argues that he was denied a fair trial and due process when the court coerced the jury into reaching a guilty verdict on the rape charge and that the court erred in failing to grant a mistrial based on jury misconduct and the jury’s exposure to an out of court verbal exchange between the victim and a member of Mitchell’s family. As we shall explain, we disagree. Notwithstanding our conclusion, we remand this matter for resentencing because the court imposed an unauthorized sentence on the attempted murder conviction.
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