Allen

People v. Allen

Good Law
115 Cal. App. 4th 542·2004 Cal. App. LEXIS 133·2004 Daily Journal DAR 1191·9 Cal. Rptr. 3d 374·2004 Cal. Daily Op. Serv. 975
Court of Appeal of CaliforniaJanuary 30, 2004A093927California5,642 words

Opinion

Opinion

Pollak, J.

Defendant Darrell Allen was sentenced to nine years in prison after a jury convicted him of theft, receiving stolen property, possession of a firearm, and resisting arrest. On appeal, he contends the prosecutor impermissibly exercised peremptory challenges to remove two African-American women from his jury. (Batson v. Kentucky (1986) 476 U.S. 79 [ 90 L.Ed.2d 69 , 106 S.Ct. 1712 ] (Batson); People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] (Wheeler).) He also contends the trial court erred by failing to give a unanimity instruction regarding the receiving stolen property count and by giving CALJIC No. 17.41.1. While in the unpublished portion of this opinion we reject one of defendant’s asserted instructional errors, and find it unnecessary to determine the prejudicial effect of the other, in the published portion we consider whether the judgment must be reversed because the trial court failed to correct the prosecutor’s impermissible use of peremptory challenges. After this court had concluded that reversal is required on this ground, the Supreme Court remanded the case for reconsideration in light of the intervening decision in People v. Reynoso…

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