Replacing a Juror Who Sleeps

Replacing a Juror who sleeps otherwise fails to attend to the proceedings case law: People v. Johnson, supra, 6 Cal. 4th 1, 21-22 (no abuse of discretion to discharge juror observed by court, two deputies, and prosecutor "exhibiting various physical indicia of sleep"); People v. Thomas (1994) 26 Cal. App. 4th 1328, 1333 ("To the extent that Juror Bailey could be viewed as merely not paying attention to his fellow jurors and to the court, inattentiveness is also grounds for dismissal of a juror"); People v. Wilkins (1994) 26 Cal. App. 4th 1089, 1096 (no "manifest and unmistakable abuse of discretion" in failing to grant new trial based on testimony of defendant's aunt that "two jurors 'appeared' to sleep during part of defense counsel's final argument"); People v. Bradford (1997) 15 Cal. 4th 1229, 1349, 939 P.2d 259 (no abuse of discretion to fail to conduct further inquiry where record showed only that juror was observed sleeping on two occasions during lengthy trial); see generally Annot., Inattention of Juror from Sleepiness or Other Cause as Ground for Reversal or New Trial (1998) 59 A.L.R.5th 1.