People v. Simmons

Opinion

RACANELLI, P. J.

Defendant was convicted by a jury of first degree murder arising out of a shooting incident in a Richmond, California restaurant and sentenced to 25 years to life, enhanced by 2 years for use of a firearm. On appeal, defendant raises several claims of prejudicial error. For reasons which we explain, we find no reversible error and affirm the judgment below.

I.

Denial of an Impartial Jury

Defendant first argues he was denied his constitutional right to an impartial jury comprised of a fair cross section of the community as a result

[1072]

of jury selection procedures which systematically excluded members of the black race.

Relying on our decision in

People

v.

Buford

(1982) 132 Cal.App.3d 288 [182 Cal.Rptr. 904], defendant challenged the jury venire summoned on the day of trial on the grounds of a systemic bias resulting in underrepresentation of black members of the community, particularly from the west part of Contra Costa County where the crime occurred. In support of his

Buford

motion, defendant submitted evidence—in addition to that in related proceedings

1

—that blacks comprised 4.6 percent of the summoned venire which appeared and 3.3 percent of the 60 prospective jurors in the assigned panel. Defendant contends that on a factual record “virtually indistinguishable” from that in

Buford,

the trial court erred in finding that the county was doing “all that can reasonably be expected to achieve the constitutional goal mandated in Wheeler.”

(Id.,