California Court of Appeal

PEOPLE v. HERNANDEZ, B145238

Because record did not support the existence of good cause to remove a juror, who, having heard nearly all the evidence, was sympathetic to the defense, appellant was denied a trial by a fair and impartial jury; thus, conviction reversed, and double jeopardy bars retrial.

Appellate Information

• Decided 02/06/2002
• Published 02/06/2002

Judges

• CURRY, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Nancy J. King, under appointment by the Court of Appeal, Portland, OR, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Richard T. Breen, Deputy Attorneys General, for Plaintiff and Respondent.