California, United States of America
The following excerpt is from People v. Arias, 13 Cal.4th 92, 51 Cal.Rptr.2d 770, 913 P.2d 980 (Cal. 1996):
For this reason, the record provides us with no ruling on that issue which we might examine for abuse of discretion. (Cf. People v. Turner, supra, 8 Cal.4th 137, 167, 32 Cal.Rptr.2d 762, 878 P.2d 521; People v. Fuentes, supra, 54 Cal.3d 707, 716-717, fn. 5, 286 Cal.Rptr. 792, 818 P.2d 75.) Therefore, [913 P.2d 1008] despite our own substantial doubts that defendant made a prima [13 Cal.4th 136] facie showing of discriminatory challenges by the prosecutor, 15 we bypass that question and proceed directly to a determination whether the court's ultimate acceptance of the prosecutor's justifications can be sustained.
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