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PEOPLE v. SEMIEN

No. C053802.

75 Cal.Rptr.3d 880 (2008)

162 Cal.App.4th 701

The PEOPLE, Plaintiff and Respondent, v. Anthony Marvell SEMIEN, Jr., Defendant and Appellant.

Court of Appeal of California, Third District.

April 30, 2008.

Attorney(s) appearing for the Case

Law Office of Diane E. Berley and Diane E. Berley, under appointment by the Court of Appeal, Woodland Hills, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.

SIMS, Acting P. J.

We hold that the prosecutor did not violate the constitutional rights of defendant by using a peremptory challenge to excuse a prospective juror who was an African-American pastor whose spouse worked in the county welfare department.

We also hold that conviction for violation of Penal Code section 245, subdivision (c) (assault on peace officer),1 constitutes a...

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