People v. Shaffer

Opinion

FUKUTO, J.

Timothy Shaffer appeals from the judgment entered following a jury trial that resulted in his conviction of robbery with the use of a firearm (Pen. Code, §§ 211, 12022.5) and a true finding by the court of a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). He contends that the enhancement must be reversed because the trial court inadvertently discharged the jury after a verdict was rendered on the underlying offense, and improperly reconvened the jury for trial of the enhancement.

It is unnecessary to set forth a detailed statement of the facts surrounding the robbery. It suffices to say that on August 26, 1985, appellant used a .357 magnum to rob the manager of a Topanga shoe store.

Prior to trial, appellant moved for a bifurcated trial on the issue of several charged prior convictions. The motion was granted. Appellant was tried before a jury and convicted of robbery with the use of a firearm. After the jury was polled, and the verdict recorded, the court made the following statement to the jury: “Then, ladies and gentlemen, that completes your service in connection with this case. . . .

“It also completes the admonition to not discuss this case. You are now free to discuss the case with whomever you choose. The lawyers in the case may want to talk with you about the case. You can talk with them or with

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the people at home. You can talk with anybody you wish to or don’t wish to talk about the case, but as you may continue to serve as jurors I would caution you against talking about the case here and about the building. There may be somebody else who was not a juror in this case who might overhear your discussion, and you could affect their participation on some similar case. So I would suggest that you be very discreet and be cautious, if anybody does discuss this case with you in or about the building.

“I would like to meet with you, ladies and gentlemen, if you wish to. You are not required to because in a moment I will excuse you and I will ask you to return to the jury assembly room for further instructions there. But if you are inclined, I would like to meet with you in chambers now and the bailiff will show you the way. Thank you.”