People v. Solorio

*401Francisco Javier Solorio appeals his conviction for first degree murder ( Pen. Code, § 187, subd. (a) ), arguing that the trial court erred in denying his motion for a new trial on grounds of jury misconduct. Although it denied his motion, the court made a factual finding that the jury discussed Solorio's decision not to testify "several times" despite repeated admonitions not to consider that topic. Prejudice from this type of misconduct is presumed, and on this record we cannot conclude the presumption of prejudice was rebutted. ( People v. Lavender (2014) 60 Cal.4th 679, 692, 181…