P.

P. v. Whitmarsh CA4/1

Good Law
Court of Appeal of CaliforniaAugust 9, 2013D063037California832 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

A jury found Matthew Evan Whitmarsh guilty of driving under the influence and

causing bodily injury (Veh. Code, § 23153, subd. (a))1 (count 1) and not guilty of driving

with a blood alcohol level of .08 percent and causing bodily injury (§ 23153, subd. (b))

(count 2). The trial court suspended imposition of sentence and placed Whitmarsh on

five years' formal probation subject to various conditions, including that he serve 270

days in the custody of the sheriff.2 We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The trial

1. The trial court's dismissal of juror

After the court and the parties had selected a jury, a seated juror asked to be

excused. The juror stated that after she was selected as a juror the previous day, she had

reflected on a traumatic experience that she believed would interfere with her ability to

serve as a juror. The juror explained that her father had been an alcoholic who had died in

a car accident. According to the juror, her uncles suspected "that the police had planted

beer bottles in his truck," and "the autopsy . . . revealed that there was no alcohol in his

Unless otherwise specified, all…

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