Does a defendant have to remand for a new trial based on jury misconduct because the jury considered defendant's status as a probationer?

California, United States of America

The following excerpt is from People v. Griffiths, C086211 (Cal. App. 2019):

Defendant contends we must remand for a new trial based on jury misconduct because the jury considered defendant's status as a probationer during its deliberations. But "failure to raise the issue of juror misconduct and seek relief from the court on that basis results in a forfeiture of the issue on appeal." (People v. Dykes (2009) 46 Cal.4th 731, 808, fn. 22.) Defendant concedes he did not file a new trial motion based on juror misconduct and therefore the issue is forfeited on appeal.²

Page 6

The judgment is affirmed.

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