California Court of Appeal

Conviction of two counts of felony sexual battery, unlawful possession of testosterone, and one misdemeanor count of indecent exposure is reversed where a juror's misconduct in failing to inform the court when she could not hear the proceedings prejudiced defendant to the extent that he did not receive a fair trial.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Janice M. Brickley and Robert Derham, under appointments by the Court of Appeal, for Defendant and Appellant Luis Rubio., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Seth K. Schalit, Deputy Attorney General, Jill M. Thayer, Deputy Attorney General, for Plaintiff and Respondent The People.