P. v. Reynaga
On July 7, 2005, the Santa Cruz County District Attorney filed an amended information in case number F09677 charging appellant with various offenses occurring on different dates. Counts one through seven were alleged to have occurred on January 15, 2005. Count one charged battery with injury on a police officer (Pen. Code, 243, subd. (a)(2)); count two, resisting a police officer with serious bodily injury (Pen. Code, 148.10); count three, possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)); count four, resisting a police officer (Pen. Code, 148, subd. (a)(1)); count five, driving under the influence of drugs or alcohol (Veh. Code, 23152, subd. (a)); count six, driving with a blood alcohol level of .08 (Veh. Code, 23152, subd. (b)); and count seven, driving with a suspended license (Veh. Code, 14601.2 subd. (a)). As to counts one through three, the information alleged that at the time of the commission of the offenses appellant was released from custody within the meaning of Penal Code section 12022.1.
Since Court have concluded that there appears to be a substantial likelihood of juror bias, appellant was deprived of his right to a unanimous verdict of 12 impartial jurors. Thus, the trial court erred in denying his motion for a mistrial. (Nesler, supra, 16 Cal.4th at p. 590.)
Given that the judgment reversed, it is not necessary to address appellant's remaining contentions.
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