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People v. Wilson6/17/2004
JUDGMENT AND SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS
Defendant, Anthony Dean Wilson, appeals the judgment of conviction entered on jury verdicts finding him guilty of (1) aggravated driving with a revoked license, (2) driving under the influence of alcohol, drugs, or both, (3) child abuse-threat of injury, (4) failure to use the required child restraint system, (5) failure to provide insurance, and (6) driving on the wrong side of the road. He also appeals his sentence. We vacate the judgment and sentence and remand for a new trial.
In February 2001, a gas station employee called the police to report that defendant's behavior suggested he was driving under the influence of alcohol. Police responded to the call and stopped defendant when he made an illegal U-turn. While defendant was pulled over, police officers noticed defendant's three-year-old daughter asleep in the front seat restrained by only a lap belt. They also found empty and unopened beer cans in the car. The officers testified that they could smell alcohol on defendant's breath, that he failed roadside sobriety tests, and that he refused to take a breath test.
Police arrested defendant for drunk driving . Defendant was convicted as charged, and this appeal followed.
I. Challenge for Cause
Defendant asserts that the trial court committed reversible error by denying his challenge for cause to a prospective juror. We agree.
A fair trial is a basic requirement of due process, and the right to challenge a juror for cause is an integral part of a fair trial. People v. Macrander, 828 P.2d 234, 238 (Colo. 1992). To ensure a defendant's right to a fair trial with an impartial jury, a trial court must excuse biased or prejudiced persons from the jury. Morrison v. People, 19 P.3d 668 (Colo. 2000).
A trial court must grant a challenge for cause if a prospective juror is unwilling or unable to accept the basic principles of criminal law and to render a fair and impartial verdict based upon the evidence admitted at trial and the court's instructions. Morrison v. People, supra. This requirement is codified in § 16-10-103(1)(j), C.R.S. 2003, which states that courts must sustain challenges for cause where " he existence of a state of mind in the juror evinc enmity or bias toward the defendant or the state." See also Crim. P. 24(b)(1)(X).
We review a ruling on a challenge for cause to a prospective juror for abuse of discretion, giving deference to the trial court's assessment of the credibility of a prospective juror's responses. Carrillo v. People, 974 P.2d 478 (Colo. 1999). However, despite the wide discretion accorded the trial court, seePeople v. McCrary, 190 Colo. 538, 549 P.2d 1320 (1976), appellate courts must not "abdicate their responsibility to ensure that the requirements of fairness are fulfilled." Morgan v. People, 624 P.2d 1331, 1332 (Colo. 1981).
To determine whether a trial court abused its discretion in ruling on a challenge for cause, the entire voir dire of the prospective juror must be reviewed by the appellate court. Carrillo v. People, supra.
Reversible error occurs when a trial court does not grant a challenge for cause to a prospective juror who expresses doubt as to his or her ability to be impartial and is not rehabilitated by the prosecution or the trial court. See People v. Luman, 994 P.2d 432 (Colo. App. 1999).
Prior to jury selection, each potential juror filled out a questionnaire. The questionnaires identified the charges against defendant and asked: "Do you believe there is any reason why you cannot be a fair and impartial juror in this criminal case?" To this question, the ch
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