California Court of Appeal

Conviction for committing lewd and lascivious acts on a minor is affirmed where the trial court did not err in denying defendant's Wheeler/Batson challenge to the prosecutor's use of peremptories as "people of color" is not a cognizable group for purposes of a Wheeler/Batson motion, and defendant failed to make a prima facie showing of purposeful discrimination by the prosecutor in his use of peremptories.

Appellate Information

• Decided 08/07/2009
• Published 08/07/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• George L. Schraer, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.