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PEOPLE v. BOWERS

No. C030938.

104 Cal.Rptr.2d 726 (2001)

87 Cal.App.4th 722

The PEOPLE, Plaintiff and Respondent, v. Reginald BOWERS, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified March 29, 2001.

Review Denied June 13, 2001.

Attorney(s) appearing for the Case

Susan D. Shors, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Rachelle A. Newcomb, Deputy Attorney General, for Plaintiff and Respondent.

NICHOLSON, Acting P.J.

At trial in this case, the court discharged a juror for failure to deliberate, even though the juror listened to all of the evidence, participated to some extent in the discussions concerning the evidence in the jury room, and remained willing and able to vote concerning the verdict. We conclude the trial court abused its discretion by discharging this juror and therefore reverse.

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