What is the test for establishing a fair cross section in a jury trial?

community." ( Duren v. Missouri(1979) 439 U.S. 357, 359, 99 S.Ct. 664, 58 L.Ed.2d 579 ( Duren ); see People v. Howard(1992) 1 Cal.4th 1132, 1159, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) "In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a distinctive group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process." ( Duren, at p. 364, 99 S.Ct. 664.) If a defendant establishes a prima facie violation, the burden then shifts to the state to show "attainment of a fair cross section to be incompatible with a significant state interest." ( Id. at p. 368, 99 S.Ct. 664.)

The parties do not dispute that African-Americans are a "distinctive" group

[226 Cal.Rptr.3d 87]