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PEOPLE v. MATA

No. B226256.

203 Cal.App.4th 898 (2012)

137 Cal. Rptr. 3d 851

THE PEOPLE, Plaintiff and Respondent, v. FRANCIS MATA, Defendant and Appellant.

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

February 23, 2012.

Attorney(s) appearing for the Case

Elizabeth Garfinkle , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Susan Sullivan Pithey , Mary Sanchez and David Zarmi , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MALLANO, P. J.—

Defendant Francis Mata appeals from the judgment entered following a jury trial in which he was convicted of possession of cocaine base and two misdemeanor counts of resisting an officer. Defendant contends the trial court erred by reseating a prospective juror improperly challenged by the prosecution instead of discharging the venire after it granted his motion under People v. Wheeler (1978)

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