Adanandus

Defendant Pierre Adanandus appeals the judgment and sentence imposed following his jury trial convictions for murder and attempted murder. Defendant contends (1) the trial court improperly denied his Wheeler/Batson* motion, and (2) the prosecutor committed misconduct on closing argument. We affirm.

Factual and Procedural Background

On April 15, 2005, police responded to reports of a shooting on 65th Avenue in Oakland. Multiple shots were fired from a passing minivan into a station wagon that was parked in a driveway. Ronald Delk, his brother Anthony Delk, and his cousin Joe Wills were seated in the station wagon while talking to their uncle, Eric Delk, who was standing outside the vehicle. In the shooting, Joe Wills was killed and Ronald Delk was shot in the arm. The minivan was later found abandoned and burned. Expended cartridge casings recovered from the scene were subjected to laboratory examination and found to have been fired from a single AK-style rifle. Witnesses stated that there were three African-American males in the minivan. Defendant was subsequently identified as the shooter.

On November 16, 2005, an information was filed charging defendant on count one…