California Court of Appeal

PEOPLE v. TROTTER, B149459

The improper discharge of one juror for allegedly failing to deliberate did not discharge the jury as a whole prior to verdict, and thus does not implicate double jeopardy principles where the substituted juror is a duly sworn alternate selected with the other jurors before trial.

Appellate Information

• Decided 09/04/2002
• Published 09/04/2002

Judges

• JOHNSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Carl M. Hancock, under appointment by the Court of Appeal, Chula Vista, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General, and Jeffrey B. Kahan, Deputy Attorney General, for Plaintiff and Respondent.