189 Cal. App. 4th 826
Cal. Ct. App.2010Background
- Amy Doe, a Vietnamese sex worker, was robbed in two motel rooms and raped in the second incident by Khoa Khac Long, identified by a Vietnamese detective.
- jury selected after a Vietnamese prosecutor used peremptory challenges against three Vietnamese prospective jurors; defendant was convicted on two counts of first degree robbery and one count of rape, with various penalties and registrations imposed.
- trial evidence showed defendant used a handgun in the September 19, 2006 robbery and December 3, 2006 assault; DNA linked defendant to Amy’s chest semen in the December event.
- the central issue on appeal was whether the motel rooms were inhabited for first degree robbery purposes, whether peremptory challenges against Vietnamese jurors violated Batson/Wheeler, and whether the sentence was constitutional.
- the appellate court reversed the judgment due to insufficient proof of one peremptory challenge’s basis, rendering the Batson/Wheeler challenge analysis dispositive and mooting the sentence challenge
- the court did not proceed to review the sentence after reversing on the Batson/Wheeler issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motel rooms were inhabited for first degree robbery. | Long argues rooms not inhabited; insufficient habitation evidence. | Evidence shows occupation/ habitation via stay, meals, and belongings. | Evidence supports habitation sufficient for first degree robbery. |
| Whether the prosecutor violated Batson/Wheeler by peremptorily challenging Vietnamese jurors. | Prosecutor allegedly struck jurors based on Vietnamese ethnicity. | Stated nonrace-based reasons for each strike; no improper bias. | Trial court erred in accepting unverifiable race-based reasoning for T.N.; Batson/Wheeler violation. |
| Whether the sentence is unconstitutional. | Sentence may exceed permissible terms. | Not clearly stated; gravity of offenses. | Ruling did not reach due to reversal on Batson/Wheeler issue; sentence not reviewed. |
Key Cases Cited
- People v. Fleetwood, 171 Cal.App.3d 982 (Cal. App. 3d 1985) (defined habitation broadness for inhabited dwelling analysis)
- People v. Villalobos, 145 Cal.App.4th 310 (Cal. App. 4th 2006) (habitation of a one-night motel room; occupancy vs. habitation)
- People v. Hughes, 27 Cal.4th 287 (Cal. 2002) (revised view on habitation as a factor in first degree burglary/robbery)