People v. Carbajal
Decision Date | 08 April 2013 |
Docket Number | No. S195600.,S195600. |
Citation | 56 Cal.4th 521,155 Cal.Rptr.3d 335,298 P.3d 835 |
Court | California Supreme Court |
Parties | The PEOPLE, Plaintiff and Respondent, v. Valentin CARBAJAL, Defendant and Appellant. |
OPINION TEXT STARTS HERE
See 6 Witkin & Epstein, Cal. Criminal Law (4th ed. 2012) Criminal Judgment, § 52, 53.
Nancy J. King, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.
Kamala D. Harris, Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, and Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels, Steven D. Matthews and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant was charged with sexually molesting two victims. A jury convicted defendant of some counts involving one victim while deadlocking on all counts involving the other victim. Nevertheless, the jury returned a true finding on a “One Strike” allegation that defendant had committed offenses against multiple victims. (Pen.Code, § 667.61, subds. (b), (e)(4); all further statutory references are to the Penal Code.) Believing the jury's true finding was made in error, the trial court instructed the jury on the law and ordered further deliberations. When the jury quickly returned, the trial court did not ask for or receive a verdict from the jury. Believing the jury had again erred, this time by making a not true finding, the court gave a lengthy comment with additional instructions and again ordered further deliberations. The jury then returned a third time with a blank verdict form and indicated it had deadlocked on the multiple victim allegation. The trial court declared a mistrial, and defendant was retried. A second jury convicted defendant of counts involving the other victim and found true the multiple victim allegation. The issue presented is whether defendant could be properly retried on the multiple victim allegation.
Numerous courts have found improper a trial court's good faith inquiries into apparently inconsistent verdicts. In the present case, the trial court tried to steer the first jury toward the “correct” outcome on the multiple victim allegation. In so doing, the trial court departed from the procedures carefully prescribed by the Legislature for receiving and recording a jury's verdict. However, because the first jury had no authority to decide or even to consider the multiple victim allegation in the circumstances here, the jury could not have returned any valid verdict on that allegation. Thus, retrial on the multiple victim allegation was not barred by double jeopardy.
An information charged defendant with committing various sex offenses against two minor victims, J.R. and Z.C., with nine counts involving Z.C. and four counts involving J.R. The information also alleged, pursuant to the One Strike law, that defendant “in the present case committed [a specified offense] against more than one victim.” (See § 667.61, subds. (b), (e)(4).) Z.C. was defendant's biological daughter, and J.R. was the daughter of defendant's wife. They all lived in the same household at the time of the alleged offenses. There was no allegation in the information or any evidence at trial that defendant committed sex offenses against anyone other than Z.C. and J.R.
The trial court instructed the jury on the One Strike allegation as follows: “If you find the defendant guilty of two or more sex offenses as charged in Counts 1, 2, 6, 7, 8, 9, 10, 11, 12 and 13, you must then decide whether the People have proved the additional allegation that those crimes were committed against more than one victim.” The jury deliberated for about a day. It then informed the trial court that it had reached a verdict on three counts but was deadlocked on the remaining counts. The trial court brought the jury into the courtroom, and the foreperson, Juror No. 8, said the jury had reached a verdict on counts 10, 11, and 12, all of which involved J.R. After inquiring about the numerical split of the jurors on the 10 remaining counts, the trial court polled the jury, and each juror agreed that further deliberations would not assist them. The trial court briefly discussed the matter with counsel and then decided it would receive the jury's verdicts as to the three counts involving J.R. and accept that the jury was deadlocked on the remaining counts.
After receiving the verdict forms, the trial court called counsel to sidebar and informed them that the jury had convicted defendant on counts 10, 11, and 12, but had found true the One Strike allegation that defendant committed offenses against more than one victim. Because the three counts on which the jury convicted defendant involved only a single victim, J.R., the trial court questioned whether the jury could find the multiple victim allegation true and decided to inquire whether “this is what they want to do.” The following transpired:
The jury went back to the deliberation room and returned in five minutes. At that point, the trial court again called counsel to sidebar and said, Defense counsel said, “Do you want to look and see what they did first?” The court said, “I think what it is, since they are hung, we probably should not enter a finding on that at this point.” The court then addressed the jury as follows:
“That's correct, if you believe unanimously that that finding is not true, it's not based on the three verdicts that you returned, it's based on the entire case because you are unable to arrive at a verdict on many of the counts....
“Juror No. 9: Correct.
“The Court: I think legally there may be some problem, but I don't want to tell you that's the law because I am not sure you are making a finding that there is not more than one victim in this case; yet you haven't decided all the counts.
The jury went back to the deliberation room and returned a few minutes later, at which point the trial court noted “[f]or the record” that “the jurors questioned the clerk as to whether they could leave a form blank and could they have a fresh form which was sent in to...
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