PEOPLE v. RENTERIA

No. B146784.

113 Cal.Rptr.2d 287 (2001)

93 Cal.App.4th 552

The PEOPLE, Plaintiff and Respondent, v. Jose Antonio RENTERIA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

October 31, 2001.


Attorney(s) appearing for the Case

Eileen S. Kotler, Pacifica, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Acting Chief Assistant Attorney General, Marc E. Turchin, Acting Senior Assistant Attorney General, Steven D. Matthews and Xiomara Costello, Deputy Attorneys General, for Plaintiff and Respondent.


EPSTEIN, J.

Defendant appeals his carjacking and robbery convictions. He raises three issues, but we need only discuss one, since that one requires reversal. The trial court substituted in an alternate juror to replace a juror who was ill, but failed to give the newly constituted jury the mandatory instruction that it disregard its previous deliberations and begin deliberations anew. That is constitutional error under the California Constitution, and requires reversal...

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