People v. Daniel CA2/7
Opinion
Opinion
INTRODUCTION
A jury convicted Dariion Daniel of murder, robbery, kidnapping and carjacking following a trial covering two incidents in 2015 and 2016. Daniel argues the trial court committed prejudicial error by denying his motion to sever the trial of the two incidents and his motions under Batson v. Kentucky (1986) 476 U.S. 79, 89 and People v. Wheeler (1978) 22 Cal.3d 258, 276-277 (Batson/Wheeler) following the People’s peremptory strikes of three Black prospective jurors. We disagree. The trial court did not abuse its discretion in denying Daniel’s motion to sever, and joinder did not result in gross unfairness. In addition, Daniel failed to make a prima facie showing of discrimination for one of the challenged strikes, and substantial evidence supported the court’s finding the other strikes were not motivated by prejudice. However, while the appeal was pending, the Legislature amended Penal Code1 sections 1170, subdivision (b), and 654, subdivision (a), which may result in a shorter sentence for Daniel. The parties and the court agree judgment should be reversed for resentencing under the amended statutes.