Jurors Were Not Asked “Is This Your Verdict?”

In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked:  “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded:  “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, which he did. The clerk read the verdicts aloud. The verdict forms stated the defendant was guilty and the enhancements were true. The court excused the jury. Penal Code section 1149 provides, “When the jury appear they must be asked by the Court, or Clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same.” The appellate court reversed defendant’s conviction, but the California Supreme Court reversed the appellate court and affirmed defendant’s conviction, stating “noncompliance with section 1149 is procedural error, subject to harmless error review.”  People v. Anzalone (Cal. Sup. Ct.; April 15, 2013) (Case No. S192536).