P. v. Hall CA6
Defendant Doreman Hall was convicted by jury trial of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)) and possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)). The jury also found true allegations that defendant had served a prior prison term (§ 667.5, subd. (b)), and as to count 2, that defendant had previously been convicted of violating section 288, subdivision (c)(1). Defendant was sentenced to a prison term.
On appeal, defendant contends that the trial court erred in denying his Wheeler/Batson motion because the prosecutor improperly exercised a peremptory challenge based on gender bias. We conclude that defendant failed to preserve this issue for appellate review because his challenge to the prosecutor’s action did not articulate gender as its basis but was based on race. Consequently, we affirm the judgment.
Comments on P. v. Hall CA6