People v. Davis CA1/5

I. FACTS AND PROCEDUAL HISTORY

Davis was charged with battery with serious bodily injury (§ 243, subd. (d)) and battery against a sports official (§ 243.8, subd. (a)). Allegedly, he punched an umpire in the head after being ejected from a youth baseball game. The matter proceeded to a jury trial.

1 All statutory references are to the Penal Code.

1 A. Jury Selection During voir dire, the prosecutor had the following exchange with prospective juror M.W.: “[PROSECUTOR]: [M.W.], how are you? [¶] PROSPECTIVE JUROR: I’m good. [¶] [PROSECUTOR]: I don’t know [if] we have heard from you today, so I’ll ask you a question. What is your definition of serious bodily injury? [¶] [DEFENSE COUNSEL]: I would object. [¶] THE COURT: Sustained. [¶] [PROSECUTOR]: [M.W.], let’s say your definition in your mind of [serious] bodily injury differs from what the judge instructs on what the law is, if that arises, would you have difficulty following the law as the judge instructs you? [¶] PROSPECTIVE JUROR: No. [¶] [PROSECUTOR]: Okay. Why not? [¶] PROSPECTIVE JUROR: Sometimes you have to defend yourself. [¶] [PROSECUTOR]: What do you mean sometimes you have to defend yourself? [¶] PROSPECTIVE JUROR: It’s…