People v. Carrera CA4/3
G060130
| Cal. Ct. App. | Jul 22, 2021Background:
- Late-night vehicle fire at a dealership; defendant Octavio Carrera found ~10 feet away with soot-blackened hands.
- Officer Garcia (certified Spanish speaker) advised Carrera of Miranda rights; Carrera admitted using a lighter to start the truck fire and said he acted because “that lady was a witch” / due to “witchcraft.”
- Carrera was charged with arson (Pen. Code § 451(d)); at trial the prosecution played bodycam video and an English translation.
- During voir dire the prosecutor used peremptory strikes on several Hispanic/Spanish-speaking prospective jurors; defense moved under Batson/Wheeler and the court denied the motion.
- Defense requested a lesser included instruction for unlawfully causing a fire (recklessness); the court denied it for lack of evidence of recklessness.
- Jury convicted Carrera of arson; court suspended sentence and placed him on formal probation.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying Carrera’s Batson/Wheeler motion | Peremptory strikes were supported by race-neutral reasons: juror confusion about reasonable doubt and concerns a juror would be biased by language issues | Strikes targeted Hispanic/Spanish-speaking jurors; prosecutor’s disparate questioning and failure to meaningfully voir dire show pretext | Denial affirmed: trial court credited prosecutor’s race-neutral explanations; substantial evidence supports credibility of those reasons |
| Whether the court erred by refusing to instruct on the lesser included offense of unlawfully causing a fire (recklessness) | No substantial evidence of recklessness where defendant admitted using a lighter to start the truck fire | Jury could infer reckless rather than malicious intent; refusal deprived defendant of a complete-defense theory | Denial affirmed: evidence showed deliberate act (used lighter); no substantial evidence of recklessness so instruction not required |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based use of peremptory challenges)
- People v. Wheeler, 22 Cal.3d 258 (California counterpart framing Batson analysis)
- People v. Miles, 9 Cal.5th 513 (articulates three-step Wheeler/Batson inquiry and deferential appellate review)
- Miller-El v. Cockrell, 537 U.S. 322 (disparate questioning can indicate pretext for strikes)
- Miller-El v. Dretke, 545 U.S. 231 (failure to conduct meaningful voir dire can show pretext)
- People v. DeHoyos, 57 Cal.4th 79 (juror inability to understand law is legitimate nondiscriminatory basis for excusal)
- People v. Westerfield, 6 Cal.5th 632 (standards for when a lesser included-offense instruction is required)
- People v. Schwartz, 2 Cal.App.4th 1319 (illustrative case where lesser instruction was required because intent could be limited)