People v. Jackson

Following a jury trial, the defendant was found guilty on one count of selling a controlled substance, cocaine, in violation of Health and Safety Code section 11352, subdivision (a). On appeal, the defendant alleges that the trial court erred in refusing to dismiss the jury panel and to start jury selection anew pursuant to People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. Finding no reason to disturb the trial court’s ruling on the Wheeler motion, we affirm.

Factual and Procedural Background

The defendant is a Black man. Included in the initial venire panel were at least six Black venirepersons. While the exact racial composition of the final jury that tried and convicted the defendant cannot be determined from the record on appeal, it is evident from the record that the jury included at least one Black woman.

At the initial stages of the voir dire, the court inquired of the members of the venire whether it would be an undue hardship on anyone to serve as a juror at the time. One of the potential jurors who was Black informed the court that he was in the Air Force and therefore might be deployed in Operation Desert Shield. Both parties…