People v. Frances CA2/7

INTRODUCTION

After hearing the prosecutor’s explanation for why she exercised a peremptory challenge on one of the four African-American prospective jurors she challenged, the trial court stated that the only reason the court could see that the prosecutor exercised the challenge was “the fact that he was a Black man.” After initially indicating it would grant the defendant’s motion pursuant to Batson v. Kentucky (1986) 476 U.S. 79 [106 S.Ct. 1712, 90 L.Ed.2d 69] and People v. Wheeler (1978) 22 Cal.3d 258 (Batson/Wheeler motion) challenging the prosecutor’s use of peremptory challenges to remove African- American prospective jurors on the basis of race, the trial court denied the motion. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On the afternoon of July 18, 2012 defendant Robert Jonathan Francis, who is African-American, was riding a bus in Los Angeles when he grabbed a necklace worn by a fellow passenger. The passenger fought to keep her necklace, but Francis broke free and got off the bus, taking the necklace with him. Once outside, Francis realized that he left his shopping bag on the bus. The victim, who had grabbed Francis’ bag during the struggle, walked to the front…