P. v. Smith
Defendant, Jason Andrew Smith, appeals from his second degree murder conviction after a jury trial. (Pen. Code,[1] § 187, subd. (a).) The jury found defendant personally used a firearm. (§ 12022.53, subds. (b), (c), (d).) A 7-year old eyewitness testified defendant committed the murder. Defendant was sentenced to 40 years to life in state prison. Defendant contends the trial court erred in denying his motion to excuse the jury panel based on alleged discriminatory selection of jurors. (People v. Wheeler (1978) 22 Cal.3d 258, 287 (Wheeler); Batson v. Kentucky (1986) 476 U.S. 79, 89 (Batson).) We affirm the judgment.
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