The People v. Vale CA6

BACKGROUND

As the facts of defendant’s offenses are not relevant to the issue he raises on appeal, we provide a brief overview based on the probation report’s summary of the offense. On May 21, 2009, Elijah Pipkin reported that he had been the victim of a carjacking and a robbery. Pipkin had given a woman named Sophia a ride to a Gilroy residence. At the residence, defendant got into Pipkin’s vehicle and took the keys from the ignition. Defendant punched Pipkin and ordered him out of the car. Pipkin complied. Defendant then asked Pipkin for his necklace, bracelet, sunglasses, and wallet. Pipkin gave defendant the necklace, bracelet, sunglasses, and $80 cash from the wallet. Defendant tossed Pipkin’s car keys to a second male, who got into Pipkin’s vehicle and drove away with Sophia. Defendant drove away in another vehicle.

DISCUSSION

As noted above, defendant raises one claim on appeal: that the trial court erroneously denied his Batson/Wheeler motion, which contested the prosecutor’s use of peremptory challenges to remove two prospective jurors with Hispanic surnames. A. Proceedings Below Voir dire of prospective jurors began on February 23, 2011. The first group of 18…