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
The judgment is affirmed.