What is the test for a peremptory challenge against an African-American prospective juror?

On appeal, we review the trial court's determination deferentially, "examining only whether substantial evidence supports its conclusions. [Citation.]" (Lenix, supra, 44 Cal.4th at p. 613.) "We presume that a prosecutor uses peremptory challenges in a constitutional manner and give great deference to the trial court's ability to distinguish bona fide reasons from sham excuses. [Citation.] So long as the trial court makes a sincere and reasoned effort to evaluate the nondiscriminatory justifications offered, its conclusions are entitled to deference on appeal. [Citation.]" (People v. Burgener (2003) 29 Cal.4th 833, 864.) Applying these standards, defendant's claims fail.

The prosecution used its first peremptory challenge against Prospective Juror No. 20, a 44-year-old African-American woman. Defendant objected, noting that the entire jury pool contained only six African Americans. The trial court asked the prosecution to give reasons for the challenge, thus impliedly finding a prima facie case. (People v. Lewis (2008) 43 Cal.4th 415, 470 (Lewis).) In response, the prosecution explained that the prospective juror had indicated on her questionnaire that she opposed the death penalty and had given the following reason for her opposition: "I believe many innocent people have been put to death wrongfully." The prosecution then noted that, during the court's questioning, "she said possibly she could vote for the death penalty" and that "life is a more severe punishment." The prosecution ended its explanation by noting that the prospective juror had sat on a "hung jury" in a previous murder case. Addressing only the last of the stated reasons, defense counsel responded that the prospective juror had served, not on a hung jury, but on a jury that failed to complete deliberations

Page 44