PEOPLE v. DAVIS

No. C054129.

164 Cal.App.4th 305 (2008)

THE PEOPLE, Plaintiff and Respondent, v. ALBERT DAVIS, Defendant and Appellant.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION


Attorney(s) appearing for the Case

George O. Benton, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

NICHOLSON, J.

Convicted by jury of first degree murder with use of a firearm and sentenced to 50 years to life in state prison, defendant appeals. He contends that (1) the prosecutor improperly used peremptory challenges to excuse prospective jurors based on race and (2) the trial court abused its discretion in excluding evidence of a handgun owned by the victim. We affirm.

FACTS

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