P. v. Henning
Appellant challenges his first degree burglary conviction on the grounds the small number of African American jurors on the panel of prospective jurors violated his right to a jury drawn from a representative cross-section of the community, the evidence was insufficient to support the verdict, the trial court improperly applied the Three Strikes law to him, and the trial court erred by denying his motion for new trial and instructing the jury on motive and flight. We conclude appellant failed to make a prima facie showing of a violation of his right to a jury drawn from a representative cross-section of the community. Substantial evidence supported appellants conviction. Application of the Three Strikes law to appellant did not violate his right to a jury trial. The trial court did not err by denying appellants motion for a new trial or instruction the jury on flight and motive.
The judgment is affirmed.
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