P. v. Escalera CA1/2
Defendant Lorenzo Escalera was convicted of three counts of oral copulation with a child under 10 years old, two counts of attempted oral copulation with a child under 10 years old, and one count of committing a lewd act on a child. On appeal, defendant asserts seven errors, the first of which is that the trial court committed reversible error when it refused to reopen jury selection to allow him to exercise one of his remaining peremptory challenges to dismiss Juror No. 5, who disclosed new information about herself after jury selection concluded but before the jury had been sworn. We agree this was error. We thus reverse defendant’s conviction and remand the matter for a new trial, without the need to address defendant’s remaining contentions.
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