Is there an evidentiary hearing to determine whether a jury member has been found guilty of misconduct?

to such a hearing as a matter of right. (People v. Avila (2006) 38 Cal.4th 491, 604.) An evidentiary hearing should only be held where " 'necessary to resolve material, disputed issues of fact,' " and where " 'the defense has come forward with evidence demonstrating a strong possibility that prejudicial misconduct has occurred.' " (Ibid.) Even then, " 'an evidentiary hearing will generally be unnecessary unless the parties' evidence presents a material conflict that can only be resolved at such a hearing.' " (Ibid.)

Accordingly, the trial court's denial of a request for an evidentiary hearing into allegations of jury misconduct is reviewed for abuse of discretion. (People v. Avila, supra, 38 Cal.4th at p. 604.)