Mr. Bell filed a Traverse on September 25, 2014. On November 12, 2014, this Court issued an order directing that a 1 The Information also alleged that Mr. Bell personally used a deadly and dangerous weapon — a knife — within the meaning of Penal Code § 12022(b), and as to count two, that Mr. Bell personally inflicted great bodily injury on the victim within the meaning of Penal Code § 12022.7. 1 CT 15-16. Judge of the San Diego Superior Court be selected to sit as a referee to take evidence and makefindingsof fact on the following questions: 1) Did Juror M.H.discuss the jury’s deliberations, or any other aspect of the case, with her husband during her service as a juror? 2) If so, when did the conversation or conversations occur? 3) What information or advice, if any, did M.H.’s husband give M.H.? 4) Did M.H.tell Juror P.R. about a conversation between M.H. and her husband? 5) If so, when and what did M.H.

Codefendant Lolohea was alleged to have been armed with a firearm. (§12022(a)(1).) Both pled not guilty. (2CT 394-401; lRT 8.)

STATEMENT OF TIELE CASE An information filed on July 7, 1999, charged appellant and his co- defendant and co-appellant, Daniel Nunez, with two counts of willful, deliberate, and premeditated murder (Counts 1 and 2) in violation of Penal Code section 187(a) 1 . The information further alleged that both appellants personally used a firearm causing great bodily injury and death to both victims, within the meaning of Penal Code section 12022.53, subdivisions (c) and (d). The information also alleged that in the commission of the crime a principal was armed with firearm, within the meaning of Penal Code section 12022(a)(1). The information further alleged, as an enhancement, that the offenses were committed for the benefit of a street gang with the intent to promote criminal conduct by gang members, within the meaning of Penal Code section 186.22, subdivision (b).

It was further alleged that appellant was convicted ofmore than one offense ofmurderin the first or second degree (see Cal. Penal Code §190.2(a)(3)). (CT 276) It was further alleged that in the commissionofall crimes, a principal wasvicariously armed with a firearm, and knew that another principal was personally armed. (See Cal. Penal Code 12022(d)). It was also alleged thatin the commission and attempted commission of conspiracy to murder Ardell Williams and the murder of Ardell Williams, Antoinette Yancey personally used firearm.

Counts 1,2, and 3 also alleged personal use ofa fIrearm. by Mr. Rountree in the commission or attempted commission ofa felony within the me~ingofPenal ~ode section 12022.5, subdivision (a), and that Stroder was not personally armed but knew that a principal was armed within the meaningofPenal Code section 12022, subdivision (d). (2 CT 463-465.)