P.
P. v. Garcia CA4/1
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…