California, United States of America
The following excerpt is from The People v. Nunez, B215886, No. SA057247 (Cal. App. 2010):
Notes:
1. All further undesignated statutory references are to the Penal Code.
2. People v. Wheeler (1978) 22 Cal.3d 258; Batson v. Kentucky (1986) 476 U.S. 79.
3. Two people told police there was only one shooter.
4. Comparative analysis would require us to examine whether the prosecutor's proffered reason for striking a Hispanic juror applied to a non-Hispanic juror who was allowed to serve. (See People v. Lenix, supra, 44 Cal.4th at p. 621.) There is nothing in the record that allows us to determine the race of juror number 49. However, as the Attorney General assumes the juror was not Hispanic, we address appellant's claim on the merits.
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