People v. Smith
Opinion
Opinion
Ortega, J.
We reverse the judgment in part because of error committed during jury selection and affirm the judgment in part.
Background
Defendant Timothy L. Smith was convicted by a jury of first degree murder (Pen. Code, §§ 187, subd. (a), 189) (count one) and street terrorism (§ 186.22, subd. (a)) (count two) in the shooting death of a security guard at a taco stand. Firearm enhancements and a street gang enhancement were found true (§§ 12022, subd. (a)(1), 186.22, subd. (b)). In charges arising out of a separate incident, defendant pled guilty to street terrorism and carrying a loaded firearm (§§ 186.22, subd. (a), 12031, subd. (a)) (counts three and four). He received a sentence of 34 years to life.
During jury selection in the homicide case, the prosecutor peremptorily excused several Black jurors and defendant brought a motion pursuant to People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], The trial court found, prima facie, that the prosecutor was systematically excusing Blacks and required her to justify the peremptory challenges. The court accepted her explanation and denied the Wheeler motion.