PEOPLE v. GARCIA

No. G022376.

92 Cal.Rptr.2d 339 (2000)

77 Cal.App.4th 1269

The PEOPLE, Plaintiff and Respondent, v. Cano GARCIA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

As Modified on Denial of Rehearing February 22, 2000.


Attorney(s) appearing for the Case

Michael Satris, under appointment by the Court of Appeal, Bolinas, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Carl Horst and Craig S. Nelson, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BEDSWORTH, J.

Cano Garcia was charged with burglary. During his trial, it somehow became known that two members of the jury venire were lesbians. In fact, they both worked for the same gay and lesbian foundation. After the prosecution excused both women, defense counsel made a Wheeler motion.1 There was a discussion at the bench, and the trial court denied the motion, explaining, "Well, I am going to rule that...

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