People v. Semien

Opinion

SIMS, Acting P. J.

We hold that the prosecutor did not violate the constitutional rights of defendant by using a peremptory challenge to excuse a prospective juror who was an African-American pastor whose spouse worked in the county welfare department.

We also hold that conviction for violation of Penal Code section 245, subdivision (c) (assault on peace officer), 1 constitutes a “strike” even though the assault was not with a deadly weapon.

Defendant Anthony Marvell Semien, Jr., appeals following his conviction for evading a police officer while driving recklessly (Veh. Code, § 2800.2,…