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People v. McGee11/15/2004
e court then denied McGee's fourth Wheeler motion, and reinstated the judgment with a modification to delete the parole revocation fine.
This case involved a defendant, victim and surviving victim who were all African-American. While the prosecution's peremptory challenge to nine African-American prospective jurors is significant, five African-Americans sat on the jury that convicted McGee. The record on voir dire and on rehearing, considered as whole, suggests race-neutral reasons for the prosecutor's exercise of peremptory challenges to the above jurors. Substantial evidence supports the trial court's finding the prosecutor's explanation for her challenges were genuine and the jurors were not excused on the basis of membership in a cognizable group. (People v. Jackson, supra, 10 Cal.App.4th at p. 21.) Therefore, it did not err in denying McGee's Wheeler motions.
DISPOSITION
The judgment is affirmed.
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