People v. James CA1/3

Background Defendant was charged with one felony count of first degree burglary with a non- accomplice present. (Pen. Code, § 459.) Prior to trial, she moved pursuant to Penal Code section 1538.5, subdivision (f) to suppress evidence, including wire cutters, found in her possession at the time of her arrest. Following a hearing her motion was denied. During voir dire, defendant made two Batson/Wheeler1 motions. In denying both motions, the court found that defendant had not made a prima facie showing of 1 discriminatory exclusion and that, in any event, the prosecutor’s reasonable explanations for excluding the potential jurors were race neutral and genuine. At trial, the victim testified that he heard a noise downstairs in his home and when he went to investigate he discovered defendant in his living room. He pointed his gun at her and ordered her to get on the floor while he dialed 911. The victim allowed defendant to leave the house after she told him that the victim’s niece was waiting outside and that it was his niece that told her to come into the house. The victim followed defendant outside but did not see his…