Semien

We hold that the prosecutor did not violate the constitutional rights of defendant by using a peremptory challenge to excuse a prospective juror who was an African-American pastor whose spouse worked in the county welfare department.

We also hold that conviction for violation of Penal Code section 245, subdivision (c) (assault on peace officer), constitutes a “strike” even though the assault was not with a deadly weapon.

Defendant Anthony Marvell Semien, Jr., appeals following his conviction for evading a police officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)), threatening injury to an officer in the performance of duties (§71, subd. (1)), resisting an executive officer by threat, force, or violence (§ 69), and threatening to commit a crime resulting in death or great bodily injury (§ 422), with two prior serious felony convictions and two prior prison terms (§§667, subds. (a)(1), (d), (e)(2), 667.5, subd. (b), 1192.7). Defendant contends (1) the prosecutor excused the sole African-American prospective juror based on racial bias, and (2) the evidence is insufficient to support one of the prior convictions as a serious felony within the meaning of…