P. v. Johnson
This is the second appeal from the conviction of defendant Tracy Anthony Johnson. The case returns to us following a remand to the trial court for the limited purpose of conducting a hearing regarding the prosecutors peremptory challenge to a prospective juror. (People v. Johnson (Dec. 14, 2006, C042274) [nonpub. opn.] (hereafter Johnson I).)[1]The trial court conducted the hearing as directed, concluded that the prospective juror was excused for race-neutral reasons, and reinstated the judgment. In so doing, it rejected defendants claims that the hearing process violated his right to due process of law and he was prejudiced by the passage of time between the 2002 voir dire and the 2007 hearing. In this appeal, defendant renews his claim that he is entitled to a new trial because of Wheeler/Batson error (People v. Wheeler (1978) 22 Cal.3d 258 (hereafter Wheeler); Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69] (hereafter Batson)). Court affirm the judgment.
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