The People v. Salazar-Zavala CA1/3

Statement of Facts Defendant’s sole argument on appeal concerns the trial court’s decision not to dismiss a prospective juror for cause. The statement of facts is, therefore, limited to the jury selection process. The prospective jurors were informed at the outset of voir dire that the case concerned unlawful sexual intercourse with an unconscious person. Late in the process, Juror No. 1402 and other prospective jurors were called into the jury box after others had been excused. Defendant had exhausted all 10 of his peremptory challenges by that time.

1 Juror No. 1402 stated that he was a married man who worked as a concrete truck driver and had served on a civil jury 15 or 20 years previously. He said he knew individuals in the sheriff’s department, including a court bailiff. The court asked the newly seated prospective jurors “if anyone has feelings in this type of case one way or another that would make it difficult or impossible for you to sit and be fair [and] impartial in the case.” Juror No. 1402 raised his hand and the following exchange occurred: “The Court: Tell me your thoughts. [¶] Prospective Juror: I just had a family member sexually harassed, not abused. I don’t…