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.
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Appellate InformationAPPEAL from the Superior Court of Riverside County. Stephen D. Cunnison, Judge. Affirmed.FOURTH APPELLATE DISTRICT, DIVISION TWOFiled: August 7, 2009
JudgesBefore RAMIREZ, P.J., GAUT, J., KING, J.Opinion by RAMIREZ, P.J.
CounselFor 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.
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