People v. Turner

Opinion

SPENCER, P. J. Introduction

Defendant Joann Turner appeals from a judgment entered after a jury found her guilty of possessing cocaine base for the purpose of sale (Health & Saf. Code, § 11351.5) and possessing marijuana for the purpose of sale (id., § 11359). The trial court thereafter sentenced defendant to state prison for the term prescribed by law. We reverse the judgment.

Statement of Facts*

Contentions*

Discussion

I

Defendant contends the prosecutor improperly exercised peremptory challenges on the basis of group bias, thereby denying defendant certain constitutional rights. We agree in part.

A party may not use peremptory challenges to remove prospective jurors solely on the basis of group bias presumed from the jurors’ membership in “an identifiable group distinguished on racial, religious, ethnic, or [417]similar grounds.” (People v. Fuentes (1991) 54 Cal.3d 707, 713 [286 Cal.Rptr. 792, 818 P.2d 75]; accord, People v. Williams (1997) 16 Cal.4th 635, 668 [66 Cal.Rptr.2d 573, 941 P.2d 752].) The use of peremptory challenges for this reason violates the right to trial by an impartial jury under article I, section 16 of the California Constitution. (People v. Wheeler (1978) 22 Cal.3d 258, 276-277 [148 Cal.Rptr. 890, 583 P.2d 748].) It also violates the Fourteenth Amendment to the United States Constitution’s guarantee of equal protection of the laws. (Powers v. Ohio (1991) 499 U.S. 400, 402, 409 [111 S.Ct. 1364, 1366, 113 L.Ed.2d 411]; Batson v. Kentucky (1986) 476 U.S. 79, 89 [106 S.Ct. 1712, 1719, 90 L.Ed.2d 69].)

A party’s use of peremptory challenges is presumed to be valid. (People v. Turner (1994) 8 Cal.4th 137, 165 [32 Cal.Rptr.2d 762, 878 P.2d 521]; People v. Wheeler, supra, 22 Cal.3d at p. 278.) Inasmuch as a peremptory challenge need not be exercised solely for a clearly identifiable bias, as opposed to a suspicion of potential bias, the presumption of validity is essential. Counsel may develop a distrust for a potential juror’s objectivity “ ‘on no more than the “sudden impressions and unaccountable prejudices we are apt to conceive upon the bare looks and gestures of another” [citation].’” (People v. Johnson (1989) 47 Cal.3d 1194, 1215-1216 [255 Cal.Rptr. 569, 767 P.2d 1047], cert. den. (1990) 494 U.S. 1038 [110 S.Ct. 1501, 108 L.Ed.2d 636]; accord, Turner, supra, at p. 171.) Thus, the burden is on the complaining party to make a prima facie showing that the peremptory challenges have been exercised in violation of the Constitution. (Johnson, supra, at p. 1216.)