Cisneros

Richard Ray Cisneros appeals from the judgment entered following his conviction by a jury of two counts of making a criminal threat against Ebony Pitts. Cisneros contends the trial court erred in denying his Batson/Wheeler motions arguing the prosecutor failed to rebut his prima facie showing she had discriminated against men in exercising peremptory challenges during jury selection. Because the prosecutor’s explanation she simply preferred the next prospective jurors, offered without identifying any characteristics of the men being excused, was not a nondiscriminatory justification, we reverse the conviction and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Information

Cisneros was charged by information with two counts of making a criminal threat against Pitts (Pen. Code, § 422) (counts 1 and 2), one count of failure to register as a sex offender (§ 290, subd. (b)) (count 3) and one count of sexual intercourse with a minor, Pitts (§ 261.5, subd. (c)) (count 4). The information specially alleged, as to count 1, Cisneros had personally used a deadly or dangerous weapon (§ 12022, subd. (b)(1)); as to counts 1 and 2, Cisneros had suffered a prior…