Gardner

Appellant was convicted of two counts of misdemeanor vehicular manslaughter (Pen. Code, § 192, subd. (3)(b)) and felony drunk *137 driving (Veh. Code, § 23101). Appellant admitted a prior conviction of Vehicle Code section 23102, subdivision (a). Appellant was sentenced to state prison for the mitigated term, 16 months. Appellant appeals.

Statement of the Facts

On June 26, 1981, Leta Roles was the passenger in a 1975 Toyota Célica driven by her boyfriend, Pete Tjalsma. They were on 26 Mile Road leaving the Woodward reservoir in Stanislaus County. The Toyota was being followed by a dark blue Camaro driven by Ms. Roles’ friend, Diane Lewis. The two cars left the reservoir at the same time.

A white Pontiac GTO was traveling in front of them, also going southbound, at approximately 15 to 20 miles per hour. The Toyota slowed, attempted to pass, but the Pontiac sped up. Ms. Roles noticed that the persons in the Pontiac were screaming and the driver of the Pontiac, later identified as the appellant, exhibited an extended middle finger in the direction of the Toyota. The Toyota, unable to pass, pulled back in behind the Pontiac. The Pontiac accelerated and pulled far ahead.…

[Opinion certified for partial publication. [1] ]

OPINION

MARTIN, J.

Appellant was convicted of two counts of misdemeanor vehicular manslaughter (Pen. Code, § 192, subd. (3)(b)) and felony drunk driving (Veh. Code, § 23101). Appellant admitted a prior conviction of Vehicle Code section 23102, subdivision (a). Appellant was sentenced to state prison for the mitigated term, 16 months. Appellant appeals.

On June 26, 1981, Leta Roles was the passenger in a 1975 Toyota Celica driven by her boyfriend, Pete Tjalsma. They were on 26 Mile Road leaving the Woodward reservoir in Stanislaus County. The Toyota was being followed by a dark blue Camaro driven by Ms. Roles' friend, Diane Lewis. The two cars left the reservoir at the same time.

A white Pontiac GTO was traveling in front of them, also going southbound, at approximately 15 to 20 miles per hour. The Toyota slowed, attempted to pass, but the Pontiac sped up. Ms. Roles noticed that the persons in the Pontiac were screaming and the driver of the Pontiac, later identified as the appellant, exhibited an extended middle finger in the direction of the Toyota. The Toyota, unable to pass, pulled back in behind the Pontiac. The Pontiac…

I concur in the affirmance of the judgment. However, in my opinion, the trial court erred in not granting appellant’s challenge for cause of juror Howard. At the outset of his voir dire, Mr. Howard stated that he was a friend of California Highway Patrol Officer Kroeze and that he would have no reason to disbelieve the officer’s testimony—in fact he would have “a tendency to believe his testimony.” Mr. Howard explained that he would use a different standard of credibility as to Officer Kroeze than he would apply to other witnesses. Finally, Howard said that he would not want to be a defendant in a case where 12 jurors were similarly acquainted with Officer Kroeze. What more is needed under the law to prove bias and disqualification of a person to sit as an impartial juror?

At this point, appellant’s challenge for cause should have been honored without further comment by the court or opposing counsel. Every juror who admits an original bias usually can be rehabilitated by adroit questioning by opposing counsel and the court—all of which is mere window dressing, i.e., an attempt by the juror to cover up the originally revealed bias.

*143 Nevertheless, because Officer Kroeze’s…