P.

P. v. Garcia CA4/1

Good Law
Court of Appeal of CaliforniaMarch 28, 2013D060032California5,647 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

A jury found Julian Garcia guilty of burglary (Pen. Code, § 459)1 (count 1) and

receiving a stolen vehicle (§ 496d) (count 2). The trial court suspended imposition of

sentence and placed Garcia on three years of formal probation subject to various

conditions, including that he serve 365 days in county jail.

Unless otherwise specified, all subsequent statutory references are to the Penal Code. On appeal, Garcia claims that the prosecutor engaged in racial and ethnic

discrimination in the exercise of his peremptory challenges to select the jury in this case

and that the trial court committed reversible error by denying his motions pursuant to

Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d

258 (Wheeler), overruled in part by Johnson v. California (2005) 545 U.S. 162,

contesting three of the prosecutor's peremptory challenges. We affirm the judgment.

II.

FACTUAL BACKGROUND2

On March 2, 2011, at approximately 2:30 a.m., Garcia broke into a business

named Apricorn and stole computer equipment. Police responded to Apricorn's alarm

and arrested Garcia, who was hiding in some nearby bushes. Police…

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