People v. Bailey

After a jury returned verdict forms finding defendant guilty of driving under the influence of alcohol (count 1) and driving with a blood alcohol content of 0.08 percent or more (count 2), the trial court polled the jury and one juror replied that she did not find defendant guilty of count 1. On appeal, defendant argued that the trial court erred by discharging the jury without a unanimous verdict on count 1 and that the evidence at the preliminary hearing was insufficient to hold him to answer for count 3 (driving under the combined influence of an alcoholic beverage and a drug).The Court of Appeal held that defendant was denied his constitutional right to a unanimous verdict as to count 1, no objection was required to preserve the issue, the error was structural, and retrial of that count would violate the prohibition against double jeopardy. However, the trial court properly denied defendant's pretrial motion to dismiss count 3. View "People v. Bailey" on Justia Law