PEOPLE v. MOTTON

Docket No. Crim. 24173.

39 Cal.3d 596 (1985)

704 P.2d 176

217 Cal. Rptr. 416

THE PEOPLE, Plaintiff and Respondent, v. EDWARD JAMES MOTTON, Defendant and Appellant.

Supreme Court of California.

August 19, 1985.


Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Neil Rosenbaum, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Thomas A. Brady and Mark S. Howell, Deputy Attorneys General, for Plaintiff and Respondent.

Cecil Hicks, District Attorney (Orange), Michael R. Capizzi, Assistant District Attorney, William W. Bedsworth and Jan J. Nolan, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

BROUSSARD, J.

Defendant appeals from a conviction for second degree murder. During the selection of the jury, defense counsel objected that the prosecutor was exercising his peremptory challenges to exclude Black women from the jury. Counsel subsequently objected that the prosecutor was excluding Blacks generally. We reverse the judgment on the ground that the trial court erred on both occasions in finding that counsel had...

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