California Court of Appeal

A conviction for evading a police officer while driving recklessly, resisting an executive officer by threat, force, or violence, and other related offenses is affirmed where: 1) the prosecutor did not violate defendant's constitutional rights by using a peremptory challenge to excuse a prospective juror who was an African-American pastor whose spouse worked in the county welfare department; and 2) a conviction for assault on peace officer constitutes a "strike" even though the assault was not with a deadly weapon.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Office of Diane E. Berley and Diane E. Berley, under appointment by the Court of Appeal, Woodland Hills, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.