People v. Grider

In People v. Grider (1966) 246 Cal.App.2d 149, the foreman of a jury in a robbery trial inadvertently signed the wrong verdict form, thereby returning a verdict of second degree rather than first degree robbery as the jury had intended. After the verdict was read in open court, the jury was asked if it was their verdict and they replied "yes." There was no request for a poll and after ordering the verdict recorded, the judge discharged the jury and adjourned the court. The error in the verdict was not discovered until the jurors had begun leaving the courtroom and conversing with other persons. Upon learning of the mistake, the judge reconvened the jury for further deliberations, and a verdict finding the defendant guilty of first degree robbery was quickly returned. On appeal, the judgment of robbery in the first degree was ordered stricken. The court held that, under the circumstances of the case, the judicial process had come to a conclusion before the jury was reconvened, and the trial judge had therefore lost control over the jury. ( People v. Grider, supra, 246 Cal.App.2d at p. 153.)