The People, Plaintiff and Respondent v. Francis Mata, Defendant and Appellant

Summary

The court held that a trial court may use an alternative remedy for a successful Wheeler motion, including reseating an improperly discharged juror, when the complaining party assents through counsel. Such assent may be implied when counsel has a meaningful opportunity to object but fails to do so, thereby waiving the default remedy of dismissing the selected jurors and quashing the remaining venire. The court therefore reversed the Court of Appeal and remanded for further proceedings. Justice Werdegar, joined by Justice Kennard, concurred in the result but would have required an express and knowing waiver; Justice Baxter identified a possible broader basis for allowing reseating in a single-juror case, and Justice Liu emphasized the need for a meaningful opportunity to object.