People v. Elkins

Opinion

SMITH, J.

Appellant Jeffrey Elkins was convicted of robbery (Pen. Code, § 211) and first degree murder (Pen. Code, §§ 187, 189) and was also found to have used a deadly weapon in the commission of each offense (Pen. Code, § 12022, subd. (b)).

In this appeal from the judgment of conviction, he contends that: (1) the misstatement of an instruction by a juror during deliberations constitutes prejudicial jury misconduct; and (2) the trial court committed prejudicial error in reinstructing the jury. We reject these contentions and uphold the judgment.

Appellant was a drug user and on occasion…