California Court of Appeal

In a prosecution for second degree murder with personal use of a deadly and dangerous weapon, the judgment of conviction is affirmed, where: 1) the trial court did not err by failing to instruct sua sponte on intoxication and unconsciousness; 2) the trial court's implied grant of a Wheeler motion and reseating of a challenged juror was not error, where the court made a sincere and reasoned effort to evaluate defense counsel's proffered justifications, and the court's conclusion that he made challenges based on group bias towards women was supported by substantial evidence; and 3) any procedural error in not requiring that peremptory challenges and a Wheeler motion be made at sidebar was not prejudicial.

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• Kitching

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Frank Duncan, Linda C. Johnson