PEOPLE v. GRAY

No. B142928.

104 Cal.Rptr.2d 848 (2001)

87 Cal.App.4th 781

The PEOPLE, Plaintiff and Respondent, v. Michael GRAY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing April 3, 2001.


Attorney(s) appearing for the Case

Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, Brad D. Levenson, Deputy Attorney General, for Plaintiff and Respondent.


PERREN, J.

A prosecutor exercises peremptory challenges excusing the only three African-American males in the venire. Defendant's motion to compel the prosecution to justify these challenges is denied by the trial judge who rules that African-American males do not constitute a cognizable class for purposes of Wheeler.1 The trial judge also refuses to permit the prosecutor to respond to the defense motion. The court erred in both...

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