Conviction for committing lewd and lascivious acts on a minor is affirmed where the trial court did not err in denying defendant's Wheeler/Batson challenge to the prosecutor's use of peremptories as "people of color" is not a cognizable group for purposes of a Wheeler/Batson motion, and defendant failed to make a prima facie showing of purposeful discrimination by the prosecutor in his use of peremptories.
APPEAL from the Superior Court of Riverside County. Stephen D. Cunnison, Judge. Affirmed.
FOURTH APPELLATE DISTRICT, DIVISION TWO
Filed: August 7, 2009
Before RAMIREZ, P.J., GAUT, J., KING, J.
Opinion by RAMIREZ, P.J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General.
For Defendant: George L. Schraer, under appointment by the Court of Appeal.