Wilborn

J.Jerriel M. Wilborn appeals from his conviction for possession of rock cocaine (Health & Saf. Code, § 1,1350, subd. (a)), with a true finding as to his “Three Strikes” allegations. (Pen. Code, § 667, subds. (b) through (i).) He claims that he was subjected to an illegal or unreasonably prolonged detention, and that the resultant seizure of evidence violated his rights under the Fourth and Fourteenth Amendments; that the trial court erred in refusing to permit voir dire questions regarding racial bias or prejudice; that the evidence was insufficient as a matter of law to sustain his conviction; that the court’s instruction on failure of recollection was erroneous and prejudicial; that the trial court failed to exercise an informed section 1385 discretion; and that his 25-year-to-life sentence is cruel and unusual punishment. Respondent asks this court to modify the judgment to impose a parole revocation fine and penalty assessments. We find the trial court’s refusal to question prospective jurors about racial bias deprived appellant of a fair and impartial jury and reverse the judgment on that ground.

Factual and Procedural Summary

Sometime after midnight on June 1,…