Is there any evidence that any of the jurors consumed alcohol at any time during the trial?

There is absolutely no evidence in this case that any of the jurors consumed alcohol at any time during the trial, let alone that any of the jurors became so intoxicated they were unable to competently perform their duties. ²⁶ Defendant submits no affidavits--from jurors, trial counsel or court officials--to support his claim of juror misconduct. Instead, he relies solely on the trial court's comment to the jury that "if you want to have something to drink, that's up to you." This falls far short of the kind of showing necessary to establish juror misconduct. (See, e.g., People v. Manson, supra, 61 Cal.App.3d 102, 215, 132 Cal.Rptr. 265.) ²⁷