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PEOPLE v. GOMEZ

No. G025635.

111 Cal.Rptr.2d 546 (2001)

91 Cal.App.4th 1

The PEOPLE, Plaintiff and Respondent, v. Daniel Phillip GOMEZ, Defendant and Appellant.

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

Ordered Not Officially Published November 14, 2001.

Attorney(s) appearing for the Case

A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Janelle M. Boustany and Bradley A. Weinreb, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, J.

After a jury trial, defendant was convicted of one count of first degree burglary (Pen.Code, §§ 459, 460, subd. (a)). Although defendant raises several issues on appeal, we find the prosecution discriminatorily used one of its peremptory challenges and reverse on that ground.

FACTS

Qui Bahn returned home one evening to find her family's home ransacked. The window in her daughter's room had been broken and...

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