Rodriguez
People v. Rodriguez
Opinion
Opinion
Wiseman, J.
Here we confront an issue of first impression: When conducting a limited remand hearing on whether an attorney’s reasons for exercising peremptory challenges are race neutral under Wheeler/Batson, is it mandatory for the original trial judge to conduct the hearing? We conclude the answer is no when the reasons given are objectively verifiable.
PROCEDURAL HISTORY
Jose Rangel Rodriguez (defendant) was found guilty by jury of four felony counts: murder (Pen. Code, §187, subd. (a)), robbery (§211), forcible rape (former § 261, subd. (2)), and burglary (§ 459). With respect to the murder count, the jury found true three special circumstances under section 190.2, subdivision (a)(17), each alleging the murder was committed during the commission or attempted commission of the felonies alleged in the other three counts. At the end of the penalty phase, the jury fixed the sentence on count 1 at life without possibility of parole.
Defendant was sentenced on March 3, 1994. The court imposed life without possibility of parole on count 1, and stayed midterm sentences of four, six and four years, respectively, on the remaining counts, pursuant to section 654.