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People v. Chagolla, 144 Cal.App.3d 422, 193 Cal.Rptr. 711

Facts

On July 27, 1981, Timothy Arevalo was driving a yellow Chevrolet with Ronald and Edward Chagolla as passengers. During their drive, Edward Chagolla fired a rifle from the car, injuring a girl inside a house. Witnesses observed the car and the shooting, and the defendants were arrested shortly after the incident. Blood tests indicated that all three defendants had been drinking.

Defendants Ronald Chagolla, Edward Chagolla, and Timothy Arevalo were convicted by jury verdict of assault with a deadly weapon (Pen.Code, § 245), discharging a firearm at a dwelling (Pen.Code, § 246), and exhibiting a firearm in a threatening manner (Pen.Code, § 417).

Issue

Did the trial court commit reversible error by holding unreported oral communications with the jury during its deliberations, and was there sufficient evidence to support the convictions and the great bodily injury finding?

Each defendant contends that the trial court committed reversible error by holding unreported oral communications with the jury during its deliberations without notice to counsel.

Rule

The court must answer jury questions regarding the law or evidence in open court in the presence of the accused and counsel, and the error does not require reversal unless prejudice appears.

Penal Code section 1138 requires that any questions posed by the jury regarding the law or the evidence be answered in open court in the presence of the accused and his or her counsel, unless presence is waived.

Analysis

The court found that the evidence presented at trial was substantial enough to support the jury's conclusions regarding the defendants' guilt. Ronald Chagolla's actions indicated he aided and abetted his brother Edward in the shooting, while Edward's intent to inflict great bodily injury was inferred from the circumstances of the shooting. The court also determined that the unreported communications with the jury did not result in prejudice that would warrant a reversal of the convictions.

The jury could reasonably deduce from direct and circumstantial evidence that Ronald knew Edward was armed with a rifle, knew Edward intended to do the shooting and both directly and indirectly rendered support and encouragement to his brother Edward in the commission of the offense.

Conclusion

The Court of Appeal affirmed the convictions of all defendants, concluding that the trial court's errors were harmless and did not affect the outcome of the trial.

The judgments are affirmed.

Who won?

The People (the prosecution) prevailed in the case as the court upheld the convictions of the defendants based on sufficient evidence and found no reversible error.

Affirmed.

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