PEOPLE v. LENIX

No. S148029.

44 Cal.4th 602 (2008)

THE PEOPLE, Plaintiff and Respondent, v. ARTHUR LOURDES LENIX, Defendant and Appellant.

Supreme Court of California.

July 24, 2008.


Attorney(s) appearing for the Case

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

Cliff Gardner; Lawrence A. Gibbs; and Elisabeth Semel for California State Conference of the National Association for the Advancement of Colored People, Rabbi Allen B. Bennett, Dr. James A. Donahue, Suleiman Ghali, Rev. Cannon Charles Gibbs and Rev. Dr. Cecil L. Murray as Amici Curiae on behalf of Defendant and Appellant.

Michael Ogul, Chief Deputy Public Defender (Solano) and Denise Graff, Deputy Public Defender (Orange), for California Public Defenders Association and California Attorneys for Criminal Justice as Amici Curiae on behalf of Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, Donald de Nicola, Deputy State Solicitor General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Mary Jo Graves and Michael P. Farrell, Assistant Attorneys General, Stan Cross, Janis S. McLean, David A. Rhodes, Janet E. Neeley and Daniel B. Bernstein, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CORRIGAN, J.

Here we determine whether an appellate court must perform a comparative juror analysis for the first time on appeal to evaluate whether the advocate's stated reasons for peremptorily challenging prospective jurors are truthful or pretextual. (See People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748

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