People v. Valdivia-Guzman CA4/3

DISCUSSION

Valdivia-Guzman contends the trial court erred in permitting the prosecutor to exercise a peremptory challenge to Prospective Juror Number 108 over his section 231.7 objection. I.

VOIR DIRE

During voir dire, when the trial court asked the prospective jurors whether they would have difficulty or concern evaluating a witness’s credibility based on the witness’s occupation, race or ethnicity, or lifestyle, Prospective Juror Number 108 stated she “tended to be softer towards Hispanics” and “can be biased toward Hispanics.” After the trial court asked her whether she would be able to set aside her bias to “assess the credibility of every witness using the same standards,” Prospective Juror Number 108 answered, “Yes.” During defense counsel’s questioning, Prospective Juror Number 108 explained she was “more biased towards Hispanics in general” because of her family and upbringing. However, she affirmed she would “follow the law.” During the prosecutor’s questioning, Prospective Juror Number 108 reaffirmed she had “some sympathy or empathy” towards Hispanics based on her family and upbringing. When asked whether it would be more difficult for her to make a decision about…