People v. Valdivia and Cortez CA6

I. INTRODUCTION

Jamarr M. Valdivia and Ronnie A. Cortez were convicted by a jury of several counts of vandalism. The trial court suspended imposition of sentence and placed defendants on probation. On appeal, defendants argue structural error in the jury selection process under Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). Finding no error, we will affirm.

II. TRIAL COURT PROCEEDINGS

Defendants were charged by information with three misdemeanor vandalism counts (Pen. Code, § 594, subds. (a), (b)(2)(A); counts six - eight)1 and four felony vandalism counts (§ 594, subds. (a), (b)(1); counts one - four).2 At the close of the People’s case, the prosecution dismissed one of the misdemeanor counts, and the court

1 Unspecified statutory references are to the Penal Code. 2 Cortez also was charged with driving on a suspended license (Veh. Code, § 14601.1, subd. (a); count 5) and pleaded no contest to that count before trial. 1 granted a judgment of acquittal under section 1118.1 as to one of the felony counts. The jury returned identical verdicts, finding each defendant guilty of two misdemeanor vandalism counts and two felony…