P.v . Ayala
Appellant Victor Manual Ayala went to trial on the following charges: count 1--corporal injury to a cohabitant (Pen. Code, 273.5, subd. (a)); count 2--sexual penetration by force ( 289, subd. (a)(1)); count 3--false imprisonment by force ( 236); and count 4--dissuading a witness from reporting a crime ( 136.1, subd. (b)(1)). During jury selection, he unsuccessfully moved for a mistrial, citing People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler motion). The impaneled jury proceeded to return verdicts finding appellant guilty of counts 1, 2, and 3, and finding him not guilty of count 4. The trial court sentenced him to a total term of six years in state prison.
On appeal, appellant contends the prosecutor asserted pretextual reasons for her peremptory challenges of certain trial jurors and the trial court erroneously denied his Wheeler motion; more specifically, he claims the prosecutor discriminatorily exercised her challenges against men. Court affirm.
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