Supreme Court of California

Noncompliance with Penal Code section 1149, which requires the court to ask the jury foreperson or the jurors to affirm their verdict, is a procedural error subject to harmless error review, and here the error was plainly harmless where the verdict was read and recorded in the presence of all 12 jurors, and thus, the verdict was not rendered invalid.

Appellate Information

• Decided 04/15/2013
• Published 04/15/2013

Judges

• CORRIGAN

Court

• Supreme Court of California

Counsel