People v. Arellano
Annotate this CaseDefendant was charged with first degree premeditated murder (count 1), being a felon in possession of a firearm based on the murder weapon (count II), and other felony offenses. The jury was unable to reach a verdict on counts I and II, and the trial court declared a mistrial on those counts. Defendant was convicted of the other charged offenses and sentenced to 12 years in prison. During jury selection, the People used peremptory challenges to excuse all three African-American women from the panel. Defendant objected pursuant to Batson v. Kentucky and People v. Wheeler, but the trial court found that the prosecutor had stated race-neutral reasons. On appeal, defendant challenged the district court's denial of his Batson/Wheeler objections. In the published portion of this opinion, the court concluded that the record supports the trial court’s ruling as to the prosecutor’s reasons for excusing two of the prospective African-American jurors. However, the prosecutor’s stated reason for excusing the third prospective juror is not supported by the record and contrary to the evidence presented at voir dire. Consequently, the court reversed defendant's convictions because of Batson/Wheeler error. The court remanded for further proceedings.
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