McGee

Brian M. McGee appeals from his conviction after a jury trial for one count of murder and one count of attempted murder, arguing the trial court erred in considering his several motions under People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] (Wheeler) and Batson v. Kentucky (1986) 476 U.S. 79 [ 106 S.Ct. 1712 , 90 L.Ed.2d 69 ] (Batson), which alleged the prosecutor was improperly discriminating in the exercise of peremptory challenges. McGee also contests several of the trial court’s evidentiary rulings.

We reject McGee’s evidentiary claims. However, we conclude the trial court failed to follow required procedures for determining whether the prosecutor had improperly excused African-American prospective jurors on the basis of group bias and remand for a new Wheeler hearing.

Factual and Procedural Background

1. The December 3, 1998 Shootings

McGee (sometimes known as Geeter) lived in an apartment in the Nickerson Gardens housing project in Los Angeles with Linda Williams and Jonathan Bowen. Williams was dating Lee Anthony Lewis, who lived nearby with his mother.

On the evening of December 3, 1998, Lewis went to the apartment to see Williams.…