What is the test for dismissing a juror?

This argument mistakes the effect of the "less deferential review" (People v. Barnwell, supra, 41 Cal.4th at p. 1052) we apply to decisions to remove jurors. The requirement we add to traditional substantial evidence review is that the record establish the actual basis for the trial court's decision. So long as it does, we ask only whether the evidence relied upon was sufficient to support that basis as grounds for dismissal; we do not independently reweigh the evidence or demand more compelling proof than that which could satisfy a reasonable jurist. (Id. at pp. 1052-1053.)

Here, it is undisputed each excused juror was ill and that the illnesses occasioned their dismissals. By statute, illness is cause to dismiss a juror. ( 1089; People v. Roberts (1992) 2 Cal.4th 271, 324.) The demonstrable reality test does not demand of trial judges confronted with sick jurors that they elicit conclusive proof of the length of future incapacitation; judges are lawyers, not

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