P. v. Quan
A jury convicted defendant Quang Van Quan of three counts of first degree murder and found true two special circumstance allegations that the murder took place during the commission of burglary and robbery or attempted robbery. (Pen. Code, §§ 187, subd. (a),190.2, subd. (a)(17)(A) [robbery], (a)(17)(G) [burglary]; all statutory citations are to the Penal Code unless noted.) Quan contends the trial court erred by failing to find a prima facie case of prosecutorial race discrimination during jury selection, the prosecution’s introduction of “surprise evidence†violated his right to a fair trial and the effective assistance of counsel, and the trial court erred by instructing with CALCRIM Nos. 337 and 359. For the reasons expressed below, we affirm.
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