Cox

People v. Cox

Bad Law
113 Cal. Rptr. 3d 759·187 Cal. App. 4th 337·2010 Cal. App. LEXIS 1384
Court of Appeal of CaliforniaAugust 10, 2010B207285California11,929 words

Opinion

Opinion

Turner, J.

I. INTRODUCTION

Defendants, Freddie Howard Jones, Shawney Jackson, and Jamie D. Cox, appeal from their convictions for murder (Pen. Code, § 187, subd. (a)) and the jurors’ findings that a principal personally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b), (c), (d)) and that the murder was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Ms. Cox and Mr. Jackson were convicted of first degree murder. Mr. Jones was convicted of second degree murder. We affirm the judgments with modifications.

In the published portion of this opinion, we discuss defendants’ arguments that the trial court failed to discharge the jury panel after the prosecutor exercised nine peremptory challenges against African-American jurors. We conclude the trial court complied with its constitutional obligation to engage in a sincere and reasoned effort to evaluate the nondiscriminatory justifications provided by the deputy district attorney. Thus, no constitutional error occurred during the jury selection process.

II. FACTUAL BACKGROUND

III. DISCUSSION

A. Prosecutor’s Exercise of Peremptory Challenges

1. Factual and procedural…

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