Reynoso

Certified for Partial Publication. [*]

VARTABEDIAN, Acting P.J.

In the jury selection process, once a trial court determines a prima facie case of racial discrimination has been established by the opponent of a peremptory challenge, the court must genuinely evaluate the proponent's asserted race-neutral explanation. The simple acceptance of a vague explanation for which an appellate court can find no support in the record fails to satisfy this duty of the trial court.

Here, defendant John Paul Reynoso was convicted of first degree murder. In addition, it was found he used a firearm and inflicted great bodily injury during the commission of the murder within the meaning of Penal Code section 12022.53, subdivision (d). He appeals, raising numerous challenges, including the claim his Wheeler [1] motion was improperly denied. In the unpublished portion of this opinion, we reject his claim of insufficiency of evidence. We reverse for Wheeler error.

During jury selection, the People challenged four prospective jurors. The last two challenges were to Hispanic jurors. After the jury and alternates had been selected but had not yet been sworn, defendant made a Wheeler motion, claiming…