Irvin

Kajauna Kenyatta Irvin appeals from the judgment entered following a jury trial that resulted in his convictions of first degree murder during which offenses he used a firearm (Pen. Code, §§ 187, subd. (a), 12022.5, subd. (a); counts 1, 2) and a true finding on the multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)). He was sentenced to prison for the total term of life without possibility of parole, plus a consecutive two-year term on the use enhancement in count 1.

Appellant contends the judgment must be reversed for the reason that the prosecutor’s impermissible use of peremptory challenges to excuse two Black jurors solely on the basis of group bias violated his state constitutional right to trial by a jury drawn from a representative cross-section of his community (Cal. Const., art. I, § 16; People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]) and his federal constitutional guarantee of equal protection of the law (U.S. Const., 14th Amend.; Batson v. Kentucky (1986) 476 U.S. 79 [ 90 L.Ed.2d 69 , 106 S.Ct. 1712 ]).

Appellant also assigns three basic instructional errors. He contends his right to a fair jury trial under the…