(Download) "People V. Martinez" by Fifth Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Martinez
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 29, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appellant, Roberto Sierra Martinez, appeals from his convictions for transportation and possession of cocaine for sale. (Health & Saf. Code, §§ 11352 and 11351.) Among his contentions, he claims the trial court permitted inappropriate discussion and comments from potential jurors during voir dire examination which prevented him from obtaining a fair and impartial jury. Similar dilemmas face trial judges frequently as they attempt to maintain control over jury selection. We hold the reviewing court, giving deference to the findings of the trial court, must examine the totality of the circumstances to determine whether a defendant has been deprived of trial by a fair and impartial jury. We reject appellant's assertion that from the facts of his case we must presume his jury was biased. We conclude nothing in the record indicates the jury eventually chosen to try appellant was not fair and impartial, and the trial court did not abuse its discretion when it denied appellant's motion to discharge the jury panel.