People v. Johnson CA5

facts, and any prejudice in the ability to select a jury is not assumed but must be established, principally by analysis of the voir dire.” (People v. Goodwin (1997) 59 Cal.App.4th 1084, 1092.) Defendant was convicted by 12 sworn jurors who underwent an extensive initial screening process for bias; were observable for body language and other nonverbal indicators; were subject to questioning by counsel; were passed over for cause; and were not peremptorily challenged. The seating error should be scrutinized for prejudice, but it does not constitute a structural defect in the trial process. “Usually, when a trial court applies the incorrect legal standard in exercising its discretion, the appropriate disposition is to remand for the court to apply the proper

2. standard.” (Doe v. Atkinson (2023) 96 Cal.App.5th 667, 679.) Such is the case here. The cause will be remanded for the motion to be decided based on the applicable law.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant has been serving a life sentence in prison since 2001. In December 2019, he was charged with committing multiple felonies while incarcerated. For reasons not relevant to this appeal, the case did not go to trial…