California, United States of America
The following excerpt is from People v. Stevens, A131249 (Cal. App. 2012):
under the Sixth Amendment." In an effort to support this bold claim, appellant argues that the prosecutor's comment had "obvious racial overtones" in a case in which "both parties were acutely aware of and concerned about the issue of appellant's race and its affect on the fairness of the trial." The race of the assailant in this case was an evidentiary fact; referring to that fact did not inject an "obvious racial overtone[]," as appellant contends on appeal. Furthermore, appellant's contention that the issue of his race created concern about the fairness of the trial is not supported by the single record reference he provides which shows only that both parties made motions under People v. Wheeler (1978) 22 Cal.3d 258, which the trial court denied.
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