King

A jury convicted appellant Audie G. King of false imprisonment, assault with a deadly weapon, and rape. (Pen. Code, §§ 236, 245, subd. (a)(1), 261, subd. (2).) He was sentenced to six years in state prison and ordered to pay a $100 restitution fine. He appeals, contending *927 that the trial court erred (1) by denying his Wheeler motion (People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]); (2) by limiting his right of cross-examination; and (3) by failing to state proper reasons for its sentence choice. We affirm the judgment.

I. Facts

A. The Prosecution’s Case

In late November 1984, appellant Audie G. King was a waiter at the Broadmoor Hotel on Sutter Street in San Francisco, a residential hotel for senior citizens. Janet M. was a waitress there. Like many Broadmoor employees, King and Janet lived on the premises. Janet shared a room with another woman, Sega Bird.

King and Janet met at a theater once a few blocks from the hotel to see a movie. The two came separately and Janet paid her own admission; she did not consider this to be a date. They had a couple of beers after the movie, at King’s suggestion. After they walked back to the hotel,…

I respectfully dissent from the majority’s conclusion that no Wheeler 1 error occurred below.

A.

As the People and this court in essence concede (see majority opn., ante, p. 931, fn. 4) there can be no question but that a prima facie case of group bias was established when the defense showed that three of the four peremptory challenges exercised by the prosecutor removed all the Blacks from the venire. (Accord People v. Motton (1985) 39 Cal.3d 596, 605 [ 217 Cal.Rptr. 416 , 704 P.2d 176 ] [prima facie case found where five of eight challenges used to remove all Black jurors]; People v. Hall (1983) 35 Cal.3d 161, 168 [ 197 Cal.Rptr. 71 , 672 P.2d 854 ] [same]; People v. Moss (1986) 188 *936 Cal.App.3d 268, 275 [ 233 Cal.Rptr. 153 ] [prima facie case found where two peremptory challenges used to remove all Black jurors].)

Once the trial court finds a prima facie case has been made, as it did here, “the burden shifts to the other party to show if he can that the peremptory challenges in question were not predicated on group bias alone.” (People v. Wheeler, supra, 22 Cal.3d at p. 281, fn. omitted.) In determining whether the prosecutor has satisfied this burden the trial court must…

[Opinion certified for partial publication. [*] ]

OPINION

CHANNELL, J.

A jury convicted appellant Audie G. King of false imprisonment, assault with a deadly weapon, and rape. (Pen. Code, §§ 236, 245, subd. (a)(1), 261, subd. (2).) He was sentenced to six years in state prison and ordered to pay a $100 restitution fine. He appeals, contending that the trial court erred (1) by denying his Wheeler motion ( People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal. Rptr. 890 , 583 P.2d 748 ]); (2) by limiting his right of cross-examination; and (3) by failing to state proper reasons for its sentence choice. We affirm the judgment.

In late November 1984, appellant Audie G. King was a waiter at the Broadmoor Hotel on Sutter Street in San Francisco, a residential hotel for senior citizens. Janet M. was a waitress there. Like many Broadmoor employees, King and Janet lived on the premises. Janet shared a room with another woman, Sega Bird.

King and Janet met at a theater once a few blocks from the hotel to see a movie. The two came separately and Janet paid her own admission; she did not consider this to be a date. They had a couple of beers after the movie, at King's suggestion. After they…