Buchanan

People v. Buchanan

Good Law
143 Cal. App. 4th 139·2006 Cal. App. LEXIS 1449·2006 Daily Journal DAR 12873·49 Cal. Rptr. 3d 137·2006 Cal. Daily Op. Serv. 9016
Court of Appeal of CaliforniaSeptember 21, 2006F048022California3,790 words

Opinion

Opinion

Vartabedian, J.

Defendant John Anthony Buchanan was convicted of one count of carjacking and the jury found true the special allegation that he personally used a knife during the commission of the offense. In addition, he admitted he had suffered two prior juvenile adjudications that amounted to strikes. He was sentenced to prison for a term of 27 years to life. He appeals, claiming the trial court erred in finding that he had not established a prima facie case of group bias during jury selection. This issue requires us to apply the United States Supreme Court case that changed the former standard in California to establish a prima facie case of group bias. (Johnson v. California (2005) 545 U.S. 162 [ 162 L.Ed.2d 129 , 125 S.Ct. 2410 ].) It should surprise no one that, as a reviewing court, we are only able to consider matters adequately raised in the record. Perhaps this cardinal principle of appellate review bears repeating in the present context. In addition, defendant asserts that his prior juvenile adjudications may not properly be utilized as strikes because he was not entitled to a jury trial during the juvenile proceedings. We affirm.

Facts

The facts of the underlying offense…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.