People v. Diaz

Opinion

WORK, J.

Harvey Diaz appeals a judgment after a jury convicted him of assault with a deadly weapon (knife) (Pen. Code, § 245, subd. (a)), 1 con tending the trial court abused its discretion in not discharging the jury foreperson upon learning (in midtrial) she concealed during voir dire she had been feloniously assaulted at knifepoint during an attempted rape. He claims this denied him his right to an impartial and unbiased jury. We hold the juror’s failure to correctly respond to voir dire questions having a substantial likelihood to disclose facts showing a strong potential for juror…