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PEOPLE v. COX Part-III

PEOPLE v. COX Part-III
08:19:2010



PEOPLE v




PEOPLE v. COX





















Filed 8/10/10













CERTIFIED
FOR PARTIAL PUBLICATION
*

>

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
FIVE






>






THE
PEOPLE,



Plaintiff and Respondent,



v.



JAMIE
D. COX et al.,



Defendants and Appellants.




B207285



(Los Angeles County

Super. Ct. No. TA088018)








STORY CONTINUE FROM
PART I….








c. Juror No. 8289



Juror No. 8289, an African-American woman,
stated that she was married and had six children. She worked as a court services assistant for
Los Angeles County Superior Court.
Juror No. 8289 recognized someone in the audience named Emma
Beverly. Ms. Beverly was a friend
of Juror No. 8289's sister.
Juror No. 8289 had seen Ms. Beverly at a funeral some six
years prior. Juror No. 8289
had been raised in Compton, but left when she was
about 16 years old.
Juror No. 8289 spoke to Ms. Beverly in the elevator and
inquired, â€




Description Defendants, Freddie Howard Jones, Shawney Jackson, and Jamie Cox, appeal from their convictions for murder (Pen. Code,[1] § 187, subd. (a)) and the jurors' findings that a principal personally discharged a firearm causing great bodily injury and death (§§ 12022.53, subds. (b), (c), (d)) and the murder was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Ms. Cox and Mr. Jackson were convicted of first degree murder. Mr. Jones was convicted of second degree murder. We affirm the judgments with modifications.
In the published portion of this opinion, we discuss defendants' arguments that the trial court failed to discharge the jury panel after the prosecutor exercised nine peremptory challenges against African-American jurors. We conclude the trial court complied with its constitutional obligation to engage in a sincere and reasoned effort to evaluate the nondiscriminatory justifications provided by the deputy district attorney. Thus, no constitutional error occurred during the jury selection process.
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