Willis

People v. Willis

Good Law
104 Cal. Rptr. 2d 450·87 Cal. App. 4th 162
Court of Appeal of CaliforniaJune 13, 2001B135755California5,564 words

Opinion

Opinion

ORTEGA, Acting P.J.

Edward Charles Willis appeals from the judgment entered after his conviction by jury of possessing cocaine with seven prior strike convictions. (Health & Saf.Code, § 11350, subd. (a); Pen.Code, §§ 667, subds. (b)-(i); 1170.12; all further undesignated section references are to the Penal Code.) Willis received a 25 years-to-life sentence.

Among other claims, Willis contends (I) the trial court committed reversible error in refusing to grant a mistrial after twice finding, on the prosecutor's motions, that Willis' trial counsel exercised peremptory challenges to exclude jurors based on race, in violation of People v. Wheeler (1978) 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 and Batson v. Kentucky (1986) 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 . The trial court, at the prosecution's request, refused to quash the jury venire, upheld Willis' counsel's peremptory challenges, and permitted the case to be decided by a jury from which Willis' counsel systematically excluded all but three White males.

We agree with Willis and reverse the judgment. Because of our ruling, we need not address most of Willis' other claims. [1] However, (II) we reject Willis'…

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