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Name: People v. Gray
Case #: B142928
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/07/2001
Subsequent History: Modif. on den. of rehearing 88 Cal.App.4th 238e on 4/3/01

The prosecutor used peremptory challenges against the only three African-American males in the venire. The trial court erred in ruling that African-American males are not a cognizable class under Wheeler and in refusing to permit the prosecutor to respond to the defense motion to compel justification of use of the peremptories. The record did not show any justification for the dismissal of one of the men. African-American males are a cognizable class under Wheeler. Also, the court should have permitted the prosecutor to make a record to permit the Court of Appeal to determine whether there were legitimate, non-suspect reasons for excusing the jurors.