Rodriguez

People v. Rodriguez

Good Law
1999 Cal. App. LEXIS 1077·76 Cal. App. 4th 1093·91 Cal. Rptr. 2d 308·99 Daily Journal DAR 12431·99 Cal. Daily Op. Serv. 9656
Court of Appeal of CaliforniaDecember 8, 1999F029039California6,649 words

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.

Defendant filed a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.