People v. Mata

Opinion

CHIN, J.

In People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748] (Wheeler), this court held that, if a jury “has been partially or totally stripped of members of a cognizable group by the improper use of peremptory challenges,” the trial court “must dismiss the jurors thus far selected” and “quash any remaining venire.” (Id. at p. 282.) However, in People v. Willis (2002) 27 Cal.4th 811 [118 Cal.Rptr.2d 301, 43 P.3d 130] (Willis), we decided that trial courts are not limited to dismissing the entire venire as the only remedy in the case of a Wheeler violation: “Under…