Terry

The issue we deem important in this case is whether a deputy district attorney should be subject to challenge for cause, preventing him from serving on a jury, because of implied bias under Code of Civil Procedure section 229, when the case is being prosecuted by the same district attorney’s office which is his employer. We conclude that this constitutes grounds for challenge for cause and that the court erred in denying the challenge. We find the error not prejudicial, however, because the defendant removed the juror by use of a peremptory challenge, and thereafter did not demonstrate exhaustion of possible additional peremptory challenges. We therefore will affirm the judgment.

Defendant’s appeal does not challenge adequacy of the evidence or assert any error in the trial proceedings. The two contentions on appeal relate to alleged error in the course of jury selection. There is no need, therefore, to relate the facts or proceedings of the case other than those having to do with jury selection. Suffice it to say that the jury found defendant guilty of felony drug possession charges and he was sentenced to a term in prison.

I. Denial of Questions re Credibility of…