People v. Adams

[203]

Opinion

ASHBY, Acting P. J.

By jury trial appellant was convicted of first degree murder (with the special circumstance that the murder was committed in the course of robbery), multiple counts of robbery, and attempted murder. He was sentenced to prison for life without possibility of parole.

Appellant raises two contentions: (1) that his challenge to the jury panel on constitutional grounds was erroneously denied and (2) that certain jury instructions requested by appellant were erroneously rejected. Finding no merit to these contentions, we affirm.

Jury Panel

Because of this county’s large area and population, the Superior Court of Los Angeles County is divided into 11 judicial districts. (Gov. Code, §§ 69641, 69643, 69645; L.A. Super. Ct. Rules, rule 300, § 1.) Code of Civil Procedure section 203 specifically provides: “. . . In addition, in the County of Los Angeles no juror shall be required to serve at a distance greater than 20 miles from his or her residence.”

Appellant was tried at the San Fernando courthouse of the North Valley District. He brought a motion to quash the jury panel on the theory that the panel was underrepresentative of Blacks and therefore denied appellant his constitutional right to an impartial jury drawn from a representative cross-section of the community. (See

Taylor

v.

Louisiana

(1975) 419 U.S. 522, 530 [42 L.Ed.2d 690, 698, 95 S.Ct. 692];

People

v.

Harris

(1984) 36 Cal.3d 36, 48-49 [201 Cal.Rptr. 782, 679 P.2d 433].)

Mr. Raymond Arce, court administrator and director of jury services for the Los Angeles County Superior Court, testified that his office interprets the 20-mile distance limit based upon mileage actually traveled by jurors driving to the courthouse. The Black population within 20 actual driving miles of the courthouse was 2.4 percent; the percentage of Blacks who appeared for jury service was 2.9; and therefore no underrepresentation of Blacks was shown.