P. v. Aune CA4/1
A jury convicted Andrew Aune of grand theft. The trial court placed Aune on three years' formal probation and sentenced him to 90 days in the electronic surveillance program. Aune appealed, claiming the court improperly denied his Batson/Wheeler motion based on the prosecution's peremptory challenges to two African-Americans from the jury panel. We rejected this argument and affirmed the judgment. (People v. Aune (Sept. 1, 2016, D068770) [nonpub. opn.], review granted Dec. 14, 2016, S237808 (Aune I).) Aune filed a petition for review, which was granted and held pending the California Supreme Court's resolution of People v. Enriquez, S224724. On June 1, 2107, the Supreme Court issued its opinion in that case. (People v. Gutierrez (2017) 2 Cal.5th 1150 (Gutierrez).) On August 16, 2017, the Supreme Court transferred the matter back to this court with directions to reconsider the cause in light of the decision in Gutierrez. We requested supplemental briefing addressi
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