I think it was just an over site on the judges part. None of us considered the laymen ears effect of the answer and how it could be comprehended to a group of Laymen people at 3:30 in the after noon on a friday.

*Layman

Mr. Farina makes a good point: did your attorney talk to the jurors? It's very hard to set aside a jury verdict based on what jurors say about the process, but it is do-able on occasion.

I do not think he spoke to any of them.

Then you will want to appeal. Here is a very nifty booklet put out by Orange County Superior Court which tells you how to appeal a misdemeanor verdict. You must file a "Notice of Appeal" NO LATER THAN 30 DAYS after your sentencing, so pay attention to that date. The booklet will tell you how to do it and where to get the forms:
http://www.occourts.org/media/pdf/misdemeanorappeals.pdf

Do you think that those are grounds for an appeal? and if so I believe that the first step toward an appeal is a motion for new trial.

Improper jury instructions are one of the most common bases for reversal on appeal. However, strategically, a motion for a new trial can "cement" a judge's bad ruling for the reviewing court. Most trial judges are loathe to admit error. In bringing a motion for new trial, the trial judge gets to think up all kinds of justifications for a bad decision which only makes the record "fuller" and better for the prosecution and less strong for you. Motions for new trial are not always the magic bullet that many non-lawyers think they are.

So are you saying that it is better to go strait to an appeal?

I think a better avenue would be a misdemeanor appeal rather than a motion for a new trial. New trial motions are not often granted and as Ms. Gutekunst correctly pointed out, it gives a judge a chance to explain his or her decision and justify his or her actions so that an appeal becomes more difficult to win.

Thank you.