People v. Romero

Summary

Heriberto Romero faced sexual assault charges involving victims, Brittney P. and Marissa G. He mounted a mistaken identity defense. After Marissa started her testimony, Juror No. 7 informed the court during a break that she was “very sure” that Marissa had been a student of hers three years prior. Recalling Marissa in a positive light, the juror nevertheless maintained that she could remain fair and impartial. Defense counsel requested for her removal, but the court declined. Ultimately, the jury found Romero guilty as charged. On appeal, Romero contended that failure to remove Juror No. 7 constituted reversible error.
Reversed. A sitting juror’s actual bias that would have supported a challenge for cause renders the juror unable to perform his or her duties and subjects the juror to discharge. “Actual bias” is defined as “the existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party.” Here, Juror No. 7 and the victim clearly had a personal relationship that was deep enough to leave the juror with positive memories and impressions of the victim even three years later. Thus, it should have been evident to the trial court to excuse the juror to eliminate any potential concerns regarding her juror’s impartiality. Because Romero was entitled to be tried by 12 impartial jurors, failure to remove Juror No. 7 amounted to a structural error, warranting reversal.
Opinion by Justice Johnson.

— Karen Natividad