People v. Salinas-Jacobo

*363*762When a jury foreperson in a criminal trial discloses the jury has reached a verdict on some counts but has not been able to reach a verdict on others, a trial court must tread very carefully before it discharges a juror for failing to perform his or her duties under Penal Code section 1089. At stake is a defendant's right to due process and a fair trial by an unbiased jury, and we review a trial court's decision to discharge a juror in this circumstance under a "demonstrable reality" test, requiring a showing that the trial court "did rely on evidence, that in light of the entire record,…