Calvin

Defendant was tried for assault with a firearm and battery. During jury selection, the prosecutor exercised peremptory challenges to dismiss four of six African-American potential jurors. In response, defendant moved to discharge the jury panel, contending that the prosecution’s dismissals were racially motivated. After the prosecutor justified the peremptory challenges in part by reference to the jurors’ skeptical attitudes toward the criminal justice system, the trial court denied the motion, finding no discriminatory motive.

Defendant argues that skepticism toward the criminal justice system is so prevalent among African-Americans that it should be considered a proxy for race and that, as a result, peremptory challenges based on such an attitude should be deemed discriminatory. We disagree and affirm.

I. BACKGROUND

Defendant was charged in an amended information with assault with a firearm (Pen. Code, § 245, subd. (a)(2)), being a felon in possession of a firearm (§ 12021, subd. (a)(1)), and battery with serious bodily injury (§ 243, subd. (d)). As to the assault count, the information alleged that defendant had personally inflicted great bodily injury and…