Marbley

Defendant Keith Marbley was sentenced to state prison for a term of 15 years to life after a jury convicted him of second degree murder (Pen. Code, § 187) and found he personally used a deadly and dangerous weapon (Pen. Code, § 12022, subd. (b)). On appeal defendant claims reversible error under People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], due to the exclusion of “young people” from his jury.

Facts

Since there is no challenge to the sufficiency of the evidence, the facts are recited briefly: On the night of June 15, 1982, Michael Ehrlich picked up defendant Keith Marbley outside a gay bar in San Francisco. The two men returned to Ehrlich’s condominium in San Mateo, where they drank, smoked marijuana and engaged in sexual activity. During a violent altercation some time later, Ehrlich was killed by a blow to the head with a hammer. Defendant fled the scene in Ehrlich’s car and was not apprehended until two years later.

A theory of self-defense was presented.

Discussion

Defendant contends his right to a representative jury was violated by the exclusion of young people from the jury. Defendant claims the prosecutor systematically used his…