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PEOPLE v. VALOT

No. G027838.

127 Cal.Rptr.2d 423 (2002)

103 Cal.App.4th 1247

The PEOPLE, Plaintiff and Respondent, v. Judy Diane VALOT, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing December 27, 2002.

Review Granted February 25, 2003.

Review Dismissed May 14, 2003.

Attorney(s) appearing for the Case

Patricia J. Ulibarri, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gary W. Brozio and Kyle Niki Shaffer, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARONSON, J.

Judy Valot contends her second degree murder conviction must be reversed because the trial court improperly replaced a juror. We agree. The court found the juror was "refusing to deliberate" but the record does not support this conclusion as a "demonstrable reality." We reject Valot's ensuing argument that discharge of a juror without good cause precludes retrial on double jeopardy grounds...

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