Davis

Concurring and Dissenting.—I concur in the judgment in all respects and in the disposition of all issues in this appeal, save one. That issue is “whether a prima facie showing of discriminatory exclusion is rebutted where the reasons articulated, which adequately demonstrate specific bias, are predicated on mistaken, but good faith, assumptions about that prospective juror’s conduct, comments or answers to questions.” (Majority opn. p. 1177 ante.) The majority opinion answers this in the affirmative. I respectfully disagree. However, I also am convinced appellant failed to establish a prima facie showing of discriminatory exclusion. Consequently, I still support affirmance of the conviction.

In seeking to probe the prosecutor’s motives for exercising peremptory challenges the courts are embarked on a difficult enough enterprise. The trial court must determine the prosecutor’s state of mind at the time he or she decided to challenge a given juror. Did the prosecutor exclude a juror because the juror was of a minority race or did he do so because of other, legitimate reasons? The appellate court, in turn, must review the prosecutor’s explanation and the trial court’s ruling on this…

—The defendant was convicted of first degree murder and robbery. He appeals from the judgment imposing a sentence of 25 years to life for the murder and 5 years for the robbery, the latter sentence being stayed in accordance with Penal Code section 654. 1 We affirm.

The Facts

Thaddeus Pracki was strangled to death. When discovered in the hallway of his apartment, his nude body was face down, his head in a pillow, his wrists tied to his ankles behind his back. The 62-year-old victim had six broken ribs, four bite marks on his right arm and numerous bruises and abrasions. His wallet and credit cards were missing. There was no sign of forced entry. About 15 hours earlier, he had been with the defendant and others at Joly’s, a homosexual bar.

One hour before the body was discovered, the defendant attempted to buy a pair of boots, his companion presenting the victim’s American Express card for their purchase. The defendant used the victim’s Texaco card two, three or four times, the defendant was not sure, within a few days of the crime. His fingerprint was lifted from a knife found at the crime scene and probably used to cut the lamp cord that bound the victim. He admitted…

The defendant was convicted of first degree murder and robbery. He appeals from the judgment imposing a sentence of 25 years to life for the murder and 5 years for the robbery, the latter sentence being stayed in accordance with Penal Code section 654. [1] We affirm.

Thaddeus Pracki was strangled to death. When discovered in the hallway of his apartment, his nude body was face down, his head in a pillow, his wrists tied to his ankles behind his back. The 62-year-old victim had six broken ribs, four bite marks on his right arm and numerous bruises and abrasions. His wallet and credit cards were missing. There was no sign of forced entry. About 15 hours earlier, he had been with the defendant and others at Joly's, a homosexual bar.

One hour before the body was discovered, the defendant attempted to buy a pair of boots, his companion presenting the victim's American Express card for their purchase. The defendant used the victim's Texaco card two, three or four times, the defendant was not sure, within a few days of the crime. His fingerprint was lifted from a knife found at the crime scene and probably used to cut the lamp cord that bound the victim. He…