People v. Mata

After a jury trial, Defendant was convicted of possession of cocaine and resisting a peace officer. On appeal, Defendant argued that the trial court committed reversible error when, after finding the prosecution improperly used a peremptory challenge to discharge a prospective juror under People v. Wheeler, it reseated the juror instead of discharging the entire jury venire. The court of appeal agreed, finding that Defendant did not consent to the court's remedy of reseating the juror, therefore reversing Defendant's conviction. The Supreme Court reversed, holding (1) in the context of a trial court's order to reseat an improperly discharged prospective juror after the court granted the complaining party's Wheeler motion, the complaining party's assent to reseating the improperly discharged juror can be found on the basis of implied consent; and (2) in this case, Defendant did impliedly consent to the alternative remedy of reseating the juror. View "People v. Mata" on Justia Law