People v. Alaniz

MENETREZ, J.*

*3A jury convicted Ramon Alaniz on one count of assault likely to produce great bodily injury ( Pen. Code, § 245, subd. (a)(4) ).1 Alaniz moved for a new trial based on juror misconduct. The trial court denied the motion, concluding that although jurors had committed misconduct by discussing Alaniz's failure to testify, the misconduct was not prejudicial. We conclude that because the trial court did not instruct the jury not to consider Alaniz's decision not *156to testify, no misconduct occurred. We accordingly affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Prosecution's Case

This case has…