California v. Echavarria

A jury found defendant-appellant Moses Echavarria guilty of first degree murder and assault with a firearm. The jury found true the allegations that, during the murder, defendant personally and intentionally discharged a firearm causing death, and personally used a firearm. The jury also found true the allegation that, during the assault, defendant personally used a firearm. Defendant moved the trial court for a new trial due to alleged juror misconduct. The trial court denied defendant’s motion. The court sentenced defendant to prison for a determinate term of two years six months, and an indeterminate term of 50 years to life. Defendant raised four issues on appeal: (1) the trial court erred by denying his motion for a new trial; (2) the prosecutor erred by arguing the intent required for premeditated first degree murder is akin to choosing a beverage or a meal; (3) in the alternative, his trial counsel was ineffective for failing to object to the prosecutor’s argument about intent; and (4) the trial court erred when it concluded the assault sentence must be served consecutive to the murder sentence. The People concede there was juror misconduct. The Court of Appeal found the People failed to rebut the presumption of prejudice, and that the prejudice was substantial because it was inherent and reflected actual bias. Accordingly, the trial court erred by denying defendant’s motion for a new trial. Due to the jury misconduct, all of defendant’s convictions and enhancements were reversed. View "California v. Echavarria" on Justia Law