Bigelow v. Superior Court

In Bigelow v. Superior Court (1989) 208 Cal.App.3d 1127, the defendant was charged with a special circumstances murder in addition to other charges. The jury found defendant not guilty of the murder, but found the murder was committed while defendant or an accomplice was engaged in a robbery and a kidnapping. (Id., at p. 1129; see 190.2 special circumstances.) Because the verdicts were received late in the afternoon, the court recessed to the next day and informed the jury they were not excused and the case was not over. (Id., at pp. 1130-1131.) During the day and a half that the court and counsel attempted to resolve the issue presented by the jury's verdict and findings, one of the jurors changed his or her mind, resulting in an 11 to one deadlock on the murder count, and the court declared a mistrial as to that count. (Id. at p. 1129.) The appellate court in Bigelow stated the issue involved inconsistent verdicts by the jury. (Bigelow v. Superior Court, supra, 208 Cal.App.3d at p. 1130.)