Trevino

This appeal concerns the review of a defense motion made pursuant to the Wheeler!Batson decisions. Noteworthy is the fact the trial court did not explain its reasons for finding the defense failed to establish a prima facie case of group bias, and the People’s reasons for exercising challenges against the subject jurors are not apparent from the record.

Wheeler squarely places the burden of proof on the moving party to affirmatively establish from all the circumstances of the case, that there is a strong likelihood a juror was challenged because of his or her group association rather than because of any specific bias. We balance this well-established standard against the fact it is presumed the party exercising a peremptory challenge does so on a constitutional basis. Consistent with Wheeler, we look to all the circumstances of the case and conclude the defense has failed to make a prima facie showing of purposeful discrimination. After an exhaustive review of the record, there is a common thread which runs through all the People’s challenges—not just those of jurors belonging to a cognizable class. Six of the seven jurors peremptorily challenged by the People were…