What is the impact of a prosecutor's peremptory challenge against a black prospective jury member?

What is more, the prosecutor first signaled his acceptance of a jury at a time when it contained two black jurors, and three black jurors ultimately sat on the jury. (See People v. Clark (2011) 52 Cal.4th 856, 906, 131 Cal.Rptr.3d 225, 261 P.3d 243 [noting that prosecutor's repeated passing of "an African-American woman who ultimately served as a juror in the guilt phase" helped dispel any inference of discriminatory motive].) It is true that the prosecutor used his last strike on a black woman before the trial court empaneled the jury. But another black juror replaced her, and the prosecutor immediately accepted the panel. While acceptance of one or more black jurors by the prosecution does not necessarily settle all questions about how the prosecution used its peremptory challenges, these facts nonetheless help lessen the strength of any inference of discrimination that the pattern of the prosecutor's strikes might otherwise imply. (See People v. Hartsch (2010) 49 Cal.4th 472, 487, 110 Cal.Rptr.3d 673, 232 P.3d 663 ["The prosecutor's acceptance of a panel including these African-American prospective jurors, while not conclusive, was 'an indication of the prosecutor's good faith in exercising his peremptories ....' "].) Most notably, the prosecutor's decision to strike one

[4 Cal.5th 1001]