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People v. Hernandez10/11/2002
other jurors to immediately advise the court of the situation."
Defendant contends that CALJIC No. 17.41.1 interfered with his rights to due process and a fair trial. (U.S. Const., 6th & 14th Amends.) He claims the instruction chills free and confidential jury deliberations by informing the jurors that their statements may be reported to the judge. Recently, the California Supreme Court disapproved the use of CALJIC No. 17.41.1 but found that "the giving of the instruction did not constitute constitutional error." (People v. Engelman (2002) 28 Cal.4th 436, 444.) We reach the same result here.
III. Disposition
The judgment is affirmed.
We concur:
Bamattre-Manoukian, Acting P.J.
Wunderlich, J.
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