Hammond

an immediately subsequent court trial on a bifurcated allegation that appellant had previously been convicted of the serious felony of robbery (see Pen. Code, §§ 667, 211, and 1192.7, subd. (c)), the court found that allegation to be true. Appellant was sentenced to a total term of 11 years in state prison. This consisted of a six-year upper term for the burglary plus a five-year enhancement for the prior conviction. He now appeals.

Prior to the presentation of evidence, and during the selection of appellant’s jury, appellant moved for a mistrial after the prosecutor had utilized the first three of his ten peremptory challenges (see Code Civ. Proc., § 231, subd. (a)) to excuse three of the first six Hispanic-sumamed prospective jurors to be called to the jury box. Appellant contended that the prosecutor was “systematically excluding members of that particular ethnic group,” a practice prohibited by the California Supreme Court’s decision in People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. The court held a hearing, out of the presence of the jury, on this motion. After hearing the prosecutor’s explanations for having challenged each of the…