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PEOPLE v. AULT

No. S119948.

17 Cal.Rptr.3d 302 (2004)

95 P.3d 523

33 Cal.4th 1250

The PEOPLE, Plaintiff and Appellant, v. Brenner Carl AULT, Defendant and Respondent.

Supreme Court of California.

August 16, 2004.

Attorney(s) appearing for the Case

Paul J. Pfingst and Bonnie M. Dumanis, District Attorneys, Kim-Thoa Hoang, Anthony Lovett, D. Michael Ebert, Christopher F. Lindberg and Craig E. Fisher, Deputy District Attorneys, for Plaintiff and Appellant.

Cleary & Sevilla and Charles M. Sevilla, San Diego, for Plaintiff and Respondent.

BAXTER, J.

In People v. Nesler (1997) 16 Cal.4th 561, 66 Cal.Rptr.2d 454, 941 P.2d 87 (Nesler), a plurality of this court concluded that when a criminal defendant appeals the denial of his or her motion for a new trial on grounds of juror misconduct, the appellate court must independently review, as a mixed question of law and fact, the trial court's conclusion that no prejudice arose from the misconduct...

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