Goodwin

Appellant Byron Goodwin was convicted by a jury of commercial burglary (Pen. Code, § 459) and petty theft with a prior (Pen. Code, § 666), with findings that he had suffered two prior convictions for serious or violent felonies (two burglaries) within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and had served four prior prison terms (Pen. Code, § 667.5, subd. (b)). He was sentenced to a prison term of 25 years to life.

Facts

On August 4, 1996, a Sears store security agent observed appellant take a pair of pants from a rack inside the store and conceal them under his clothing. Appellant left the store without paying for the pants. He then put the pants inside a bag, reentered the store, and attempted to get a refund for them. The store security agent arrested appellant, who thereafter admitted taking the pants.

In his defense at trial, appellant denied stealing the pants and claimed he found them outside the store. According to appellant, he entered the store to get a refund for the pants so he could use the money to buy a car seat for his child.

Discussion

I. The jury was not anonymous, and the jury selection process was…