Davis

People v. Davis

Good Law
164 Cal. App. 4th 305·2008 Cal. App. LEXIS 953·78 Cal. Rptr. 3d 809
Court of Appeal of CaliforniaJune 26, 2008C054129California3,298 words

Opinion

Opinion

Nicholson, J.

Convicted by jury of first degree murder with use of a firearm and sentenced to 50 years to life in state prison, defendant appeals. He contends that (1) the prosecutor improperly used peremptory challenges to excuse prospective jurors based on race and (2) the trial court abused its discretion in excluding evidence of a handgun owned by the victim. We affirm.

FACTS

In late 2001, defendant and his wife, Dolores Sanders, separated, after being together 15 years and married six. Sanders moved in with her daughter and son-in-law, Connie and Jerry Johnson, while defendant moved to New Orleans. Several months later, defendant returned from New Orleans and tried to convince Dolores to resume their relationship. She refused.

Defendant continued in his efforts to resume his relationship with Dolores, calling frequently and going to her home unannounced, all to no effect. In late 2004, defendant’s communications to Dolores became more threatening and irrational. He said he was going to kill himself. Defendant claimed that Jerry was controlling Dolores.

In early 2005, Dolores obtained a restraining order, prohibiting defendant from having contact with her or the others in her…

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