P. v. Allen 12/14/05 CA1/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A101086A

Case Date: 03/29/2006

Preview:Filed 12/14/05 P. v. Allen CA1/2 Opinion on remand from United States Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. DON EVERETT ALLEN, Defendant and Appellant. (Solano County Super. Ct. No. FCR 193532) A101086

Our previous judgment affirming appellant's conviction has been vacated and the case remanded to us by the United States Supreme Court for further consideration in light of Johnson v. California (2005) 545 U.S. ___ [125 S.Ct. 2410] (Johnson). Upon reconsideration we are persuaded that the trial court applied the wrong standard in determining whether there had been a prima facie showing of bias in the selection of the jury. We remand the case to permit the trial court to inquire into the prosecutor's reasons for removing a disproportionate number of minority jurors from the panel. BACKGROUND Appellant was convicted of the bungled robbery of a Vacaville bar where he had recently been employed. The robbery was thwarted when, after demanding money and brandishing a pistol, he was recognized through his disguise by his former coworkers. A jury found him guilty of attempted second degree robbery (Pen. Code,

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