Apr. 4, 2023 – People v. Jones (1st Dist., Div. 5, A163558)

After recording the jury’s guilty verdict on the charged offenses, the trial court discharged the jurors and expressly released them from their obligation to not discuss the case with anyone else. The prosecutor then notified the court that the matter of a prior strike allegation had not yet been tried, and, nearly four hours after being discharged, the jury reconvened in the courtroom and returned a true finding on the allegation. The Court of Appeal vacates this finding on the ground that the jury did not “remai[n] within the court’s control” between being discharged and reconvening.