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PEOPLE v. BRYANT

No. B219277.

191 Cal.App.4th 1457 (2011)

THE PEOPLE, Plaintiff and Respondent, v. EDDIE BRYANT, Defendant and Appellant.

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

January 24, 2011.

Attorney(s) appearing for the Case

Robert M. Sweet , Jonathan Steiner and Ronnie Duberstein , under appointments by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KRIEGLER, J.—

A verdict may be overturned and a new trial granted for jury misconduct demonstrated by the sworn affidavit of a juror. In this case, both the defense and prosecution presented unsworn statements of jurors on the issue of jury misconduct, and at the urging of the trial court, the parties agreed to waive any objection to the unsworn statements in order to allow the court to reach the merits of the issue. In other...

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