People v. Smith CA4/3

FACTS

I. Underlying Case

An information alleged Smith engaged in pimping in violation of Penal 1 Code section 266h, subdivision (a) (count 1). It further alleged Smith engaged in pandering and procured prostitution in violation of section 266i, subdivision (a) (count 2). Finally, the information asserted Smith committed identity theft in violation of section 530.5 subdivision (c), subsection (2) and section 530.55, subdivision (b) (count 3). Smith pleaded guilty to count 3 prior to trial. After trial, the jury found Smith not guilty on counts 1 and 2 but guilty of the lesser included offenses of attempted pimping and attempted pandering.

II. Juror Misconduct

At the end of voir dire, the trial court asked if there were any potential jurors who were not proficient in English. Juror No. 122, along with several others, responded in the affirmative. The court asked those jurors to stay to speak with them privately. Juror 122 stated he had lived in this country for 30 years and spoke English, “but not so well.” When questioned if he understood everything the judge said, he replied he understood about 80 to 90 percent. When asked what he did not understand about the proceedings, the…