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  5. 121 Cal.Rptr.2d 862 (2002)
 

PEOPLE v. ENGELMAN

No. S086462.

121 Cal.Rptr.2d 862 (2002)

28 Cal.4th 436

49 P.3d 209

The PEOPLE, Plaintiff and Respondent, v. Tye John ENGELMAN, Defendant and Appellant.

Supreme Court of California.

July 18, 2002.

Attorney(s) appearing for the Case

Kyle Marie Wesendorf, under appointment by the Supreme Court, Solana Beach, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez, Esteban Hernandez, Jeffrey J. Koch and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

GEORGE, C.J.

In this case we consider whether trial courts should advise juries in the terms of CALJIC No. 17.41.1, a recently drafted pattern jury instruction given in criminal cases. This instruction informs jurors at the outset of jury deliberations that "should ... any juror refuse[] to deliberate or express[ ] an intention to disregard the law or to decide the case based on penalty or punishment, or any other...

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