The People appeal from an order granting defendant a new trial (Pen. Code, § 1238) after a jury convicted him of murder, attempted murder, and robbery (Pen. Code, §§ 187, 664, 211), with use of a firearm in their commission. (Pen. Code, §§ 12022, subd. (a); 12022.5.) The basis of the new trial motion was an allegation of judicial misconduct in that during jury deliberations the trial...
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