PEOPLE v. COTTLE
Filed 7/27/06
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendant and Appellant. ) Super. Ct. Nos. 02F03971 & ) 96F09935
__________ )
Here we consider whether a trial court has discretion to reopen jury selection after the trial jury has been impaneled, but before alternate jurors are sworn. We hold that the trial court lacks discretion to do so under the Trial Jury Selection and Management Act (Code Civ. Proc., § 190 et seq., effective January 1, 1989)[1] (Trial Jury Selection Act or Act).
I. Facts and Procedural Background
Defendant Kevin Lamar Cottle was charged with leaving the scene of an accident and four counts of assault with a motor vehicle. Two of the latter counts carried enhancement allegations that he personally inflicted great bodily injury.
After both sides consecutively passed their peremptory challenges, 12 trial jurors were sworn. During the selection of alternate jurors, sworn Juror No. 12 asked to address the court about some reservations, and the following exchange ensued:
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