State v. Sheppard

Defendant appeals from the district court’s denial of his motion for a new trial on the ground of juror bias. We affirm.

I

On August 30, 1988, a jury convicted defendant of operating a motor vehicle while under the influence of intoxicating liquor (DUI). At the commencement of the sentencing hearing conducted on September 22 to determine whether he had been previously convicted of DUI, * defendant moved for a new trial, claiming juror bias. In support of his motion, defendant submitted an affidavit of a third person stating that, prior to voir dire, one of the persons who was to be a juror in…