People v. Aune CA4/1

DISCUSSION

A. Legal Principles

The use of peremptory challenges to remove a prospective juror because of that

juror's race or ethnicity is unconstitutional discrimination. (Batson, supra, 476 U.S. at

pp. 86-87; Wheeler, supra, 22 Cal.3d at pp. 276-277.) There are three steps in

establishing a Batson/Wheeler claim. First, a defendant must make a prima facie case by

showing that the prosecutor exercised a peremptory challenge based on race. (People v.

Lenix (2008) 44 Cal.4th 602, 612 (Lenix).) To make a prima facie showing, the

Batson v. Kentucky (1986) 476 U.S. 79 (Batson); People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler), overruled in part by Johnson v. California (2005) 545 U.S. 162, 168 (Johnson). 2 defendant need only produce evidence sufficient to permit the trial judge to draw an

inference that discrimination has occurred. (People v. Cornwell (2005) 37 Cal.4th

50, 66.) If that is done, the People must show race-neutral reasons for the challenge.

(Lenix, at p. 612.) The prosecutor's justification for the peremptory challenge need not

rise to the level of a challenge for cause, and even a trivial reason, if genuine and neutral,

may suffice. (Id. at…