Jones

On a Contra Costa County jury’s verdict defendant Jones, a black man, was found guilty of having taken a motor vehicle in violation of Vehicle Code section 10851. He appeals from the judgment which was entered on the jury’s verdict.

The only issue of the appeal is stated by Jones as that: “Appellant was denied an impartial jury drawn from a fair cross-section of the community as guaranteed by article I, section 16, of the California Constitution and the Sixth and Fourteenth Amendments to the United States Constitution.”

*1031 The apposite law is clear.

In the selection of persons to serve on trial juries there are many, here unquestioned, relevant statutes. Among them are found requirements that the persons be at least 18 years of age, in possession of their natural faculties, and have a sufficient knowledge of the English language. (Code Civ. Proc., § 198.) They must not have been convicted of a felony. (Code Civ. Proc., § 199.) And when it is found that such “jury service would entail undue hardship” the persons shall be excused. (Code Civ. Proc., § 200.)

Jones challenged the panel of jurors called for his trial “for failure to represent a fair cross-section of the…

I concur in the result since the record before us demonstrates that the prosecution met its burden under People v. Buford (1982) 132 Cal.App.3d 288, 299 [ 182 Cal.Rptr. 904 ], justifying the statistical disparities reflected in the under-represented venire. I reserve judgment to a later day whether the County of Contra Costa is doing all that is realistically possible in order to remove any remaining vestiges of unrepresentative juries.

Appellant’s petition for a hearing by the Supreme Court was denied April 18, 1984. Bird, C. J., was of the opinion that the petition should be granted.

On a Contra Costa County jury's verdict defendant Jones, a black man, was found guilty of having taken a motor vehicle in violation of Vehicle Code section 10851. He appeals from the judgment which was entered on the jury's verdict.

The only issue of the appeal is stated by Jones as that: "Appellant was denied an impartial jury drawn from a fair cross-section of the community as guaranteed by article I, section 16, of the California Constitution and the Sixth and Fourteenth Amendments to the United States Constitution."

The apposite law is clear.

The Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, ...."

California Constitution, article I, section 16: "Trial by jury is an inviolate right and shall be secured to all, ..."

Taylor v. Louisiana (1974) 419 U.S. 522, 528 [ 42 L.Ed.2d 690, 697 , 95 S.Ct. 692 ]: "[S]election of a petit jury from a representative cross section of the community is an essential component of the Sixth Amendment right to a jury trial."

(1) People v. Wheeler (1978) 22 Cal.3d 258,…