Can a juror be excused from a jury in a criminal case for failing to attend the trial?

California, United States of America


The following excerpt is from People v. Darthart, D057950 (Cal. App. 2012):

We conclude that in light of the parties' agreement that the court should dismiss the juror, any error was invited. (People v. Seaton (2001) 26 Cal.4th 598, 639 ["[a]ny error, however, was invited by defense counsel, who stipulated that the court could excuse [a juror]"]; People v. Ervin (2000) 22 Cal.4th 48,73 ["criminal convictions [are not to be] overturned on the basis of irregularities in jury selection to which the defendant did not object or in which he has acquiesced"].)

The judgment is affirmed.

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