C.A. 4th;
E065257

The Fourth Appellate District reversed a judgment of conviction. The court held that juror misconduct mandated that all of the defendant's convictions and enhancements be reversed.

Moses Echavarria was tried before a jury on a charge of murder and other crimes. During deliberations, one juror told the others that, from her exerience working in a prison, she knew that if Echavarria were convicted of second degree murder instead of first degree murder, it was possible he could be released almost immediately. One or more jurors allegedly thereafter changed their vote from second degree to first degree murder. Echavarria was found guilty of first degree murder and other crimes, and various sentence enhancements were found to be true.

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