Duran

By information filed in Tulare County Superior Court on September 22, 1994, appellant, Miguel Angel Duran, was charged with the murder of Feliciano Sanchez in violation of Penal Code section 187 and with discharging a firearm at an occupied vehicle in violation of Penal Code section 246. Both counts were alleged to be serious felonies within the meaning of Penal Code section 1192.7, subdivision (c)(8). It was further alleged, as to the murder charge only, that appellant discharged a firearm at an occupied motor vehicle which caused the death of another within the meaning of Penal Code section 12022.5, subdivision (b), and that the offense was a violent felony within the meaning of Penal Code section 667.5, subdivision (c)(8). On September 23, 1994, appellant entered pleas of not guilty to the charges and denied each of the special allegations.

Jury selection began on December 27,1994. The pertinent portions of the jury selection process can be summarized as follows. At the very beginning of voir dire, the court asked all prospective jurors to listen carefully to the questions being asked so they would not have to be repeated later should the prospective juror find him or…