People v. Christian CA4/2

INTRODUCTION

Appellant and defendant Cory Christian (defendant) and codefendant Vincent

Robert Avila, who is not a party to this appeal, were tried together and convicted of

kidnapping for robbery1 and carjacking.2 The jury found true as to both counts special

allegations that codefendant had personally used a knife in the commission of the

offenses.3 Defendant was sentenced to seven years to life in prison.

Defendant appeals from judgment entered against him on the ground the trial court

erred in denying his motion challenging the prosecutor’s exercise of peremptory

challenges to three African American jurors (Wheeler motion), in violation of principles

set forth in Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler

(1978) 22 Cal.3d 258 (Wheeler). Defendant contends the trial court violated his rights to

equal protection and trial by a representative cross-section of the community.

Giving deference to the trial court’s findings because the trial court is in the best

position to evaluate the credibility of the prosecutor’s explanations, we conclude the trial

court made a sincere and reasoned effort to evaluate the prosecutor’s…