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PEOPLE v. ANZALONE

No. S192536.

56 Cal.4th 545 (2013)

155 Cal. Rptr. 3d 352

298 P.3d 849

THE PEOPLE, Plaintiff and Respondent, v. CHRISTINA MARIE ANZALONE, Defendant and Appellant.

Supreme Court of California.

April 15, 2013.

Attorney(s) appearing for the Case

J. Courtney Shevelson , under appointment by the Supreme Court, and Gabriel Bassan , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Stan Helfman , Laurence K. Sullivan , Sharon G. Birenbaum and Michael Chamberlain , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J. —

Penal Code section 1149 provides, "When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same."1 Here, the court failed to follow this mandated procedure. The case turns on whether the error is structural error, and thus reversible per se, or...

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