PEOPLE v. HINTON

No. C043690.

17 Cal.Rptr.3d 437 (2004)

121 Cal.App.4th 655

The PEOPLE, Plaintiff and Respondent, v. Deontray HINTON, Defendant and Appellant.

Court of Appeals of California, Third District.

August 12, 2004.


Attorney(s) appearing for the Case

Shama H. Mesiwala, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez and Virna L. Depaul, Deputy Attorneys General, for Plaintiff and Appellant.


BY THE COURT.

The issue presented is whether the trial judge erred by giving the deadlocked jury a "dynamite" instruction. In his charge, the judge emphasized the case must be decided by a jury at some point. He said a trial necessitated a substantial investment in time and resources. He told jurors holding a minority position to "respect the majority opinion" and to "question their own judgment if a majority of the jurors take a different view of the case." With...

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