When will a court order a jury to continue deliberating on a charge of assault?

California, United States of America


The following excerpt is from People v. Peate, B267094 (Cal. App. 2017):

As pertinent here, there are two doctrines that limit when a trial court may order a jury to continue deliberations. First, a trial court loses jurisdiction to order a jury to continue deliberations once a verdict is read and recorded and the jury has been discharged. ( 1164, subd. (a) [requiring verdict to be "receiv[ed]" and "record[ed]" by the court clerk]; cf. People v. Bento (1998) 65 Cal.App.4th 179, 188-189 [court retains jurisdiction, even after reading and recording of guilty verdict, as long as the jury is not "exposed to new evidence"]; see also 1163 [empowering court to poll the jury prior to the recording of the verdict].) Until that time, the court may order the jury to continue deliberating. (People v. Anzalone (2013) 56 Cal.4th 545, 551.) Second, a trial court may not order a jury to continue deliberating on a greater offense if the jury has returned a guilty verdict on a lesser included offense and thereby impliedly acquitted him of the greater offense. (People v. Fields (1996) 13 Cal.4th 289, 299 (Fields).)

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