People v. Frazier CA3

FACTS AND PROCEEDINGS

Defendant’s Arrest The underlying facts are not relevant to the issues on appeal. It suffices to say that in 2019, defendant, who is African-American, was lawfully searched and was found to have a bag of heroin, methamphetamine, a digital scale, and items used to smoke drugs. Prior Acts Evidence In 2017, defendant admitted to his probation officer that he consumed drugs two days before, and a search of his pants lying on the floor revealed a small but usable amount of cocaine and heroin, a plastic straw, and cash. Defendant admitted to owning the cocaine and heroin, to ingesting those drugs on a daily basis, and to buying and selling those drugs to pay for what he personally used.

DISCUSSION

I Batson/Wheeler Defendant contends that the prosecution intentionally used its peremptory challenges to strike an African-American prospective juror based on her race in violation of Batson v. Kentucky, supra, 476 U.S. 79, and People v. Wheeler, supra, 22 Cal.3d 258. The trial court concluded defendant failed to make a prima facie case of discrimination and thus did not require the prosecutor to explain his reasons for the challenged strike. We see no error under the…