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Name: People v. Garcia
Case #: G044232
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/20/2012

The defendant is denied a unanimous verdict when one of the 12 jurors has been excused and is not present for the oral rendition of the verdict. The trial court was unaware that the deliberating jury had reached verdicts on six out of seven charges when Juror No. 181 was excused from the deliberating jury by the court outside the presence of the attorneys. The next morning, when the alternate was seated, the jury provided the verdicts which were placed under seal. When the newly constituted jury returned the last, single verdict, they were polled for that verdict. Also, the six verdicts were unsealed, the 11 participating jurors were polled, and those verdicts were entered. Long after the jury was excused, the court had Juror No. 181 return to court and affirm that the verdicts that had been sealed were the verdicts were her verdicts The right to a unanimous verdict by 12 jurors requires the oral declaration of the jurors which constitutes the return of the verdict. The defendant had never been advised of his right to unanimous verdicts and he never waived the right. Penal Code sections 1147, 1163 and 1164 were violated. The six non-unanimous verdicts returned by the 11 jurors were reversed.