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PEOPLE v. MATA

No. S201413.

57 Cal.4th 178 (2013)

158 Cal. Rptr. 3d 655

302 P.3d 1039

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

Supreme Court of California.

July 8, 2013.

Attorney(s) appearing for the Case

John P. Dwyer , under appointment by the Supreme Court, and 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, Lance E. Winters , Assistant Attorney General, Lawrence M. Daniels , Steven D. Matthews , Susan Sullivan Pithey , Mary Sanchez , David Zarmi and Roberta L. Davis , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J. —

In People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748] (Wheeler), this court held that, if a jury "has been partially or totally stripped of members of a cognizable group by the improper use of peremptory challenges," the trial court "must dismiss the jurors thus far selected...

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