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PEOPLE v. ENGSTROM

No. C065982.

201 Cal.App.4th 174 (2011)

133 Cal. Rptr. 3d 663

THE PEOPLE, Plaintiff and Appellant, v. ERIC ANTHONY ENGSTROM, Defendant and Respondent.

Court of Appeals of California, Third District.

November 28, 2011.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans and Clara M. Levers , Deputy Attorneys General, for Plaintiff and Appellant.

Munkelt Law Office and Stephen A. Munkelt for Defendant and Respondent.

OPINION

NICHOLSON, J.—

Where, as here, the jurors do not rely on extraneous materials or evidence, or conduct an improper experiment, is it misconduct for them to reject and correct what appeared to the jurors to be an expert's formulaic miscalculation of the anticipated yield of an indoor marijuana garden? The trial court answered "yes," and granted defendant Eric Anthony Engstrom's motion for a new trial based on juror misconduct. We...

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