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

We have held that, "[t]o establish a prima facie violation of the Sixth Amendment's fair cross-section requirement, defendant would have to demonstrate: (1) the group allegedly excluded was a distinctive group in the community; (2) the representation of that group in the venire from which his jury was selected was not fair and reasonable in relation to the number of such persons in the community; and (3) the underrepresentation was due to systematic exclusion of that group in the jury selection process." (People v. Rogers (2006) 39 Cal.4th 826, 858, 48 Cal.Rptr.3d 1, 141 P.3d 135 ; see Duren v. Missouri (1979) 439 U.S. 357, 364, 99 S.Ct. 664, 58 L.Ed.2d 579.)

Here, defendant does not challenge the composition of the venire. Rather, he challenges the composition of the panels from which the jury was selected. Although the terms are sometimes used interchangeably, we have explained that a " venire is the group of prospective jurors summoned from a larger list of eligible jurors," while a " panel is the group of jurors from the venire assigned to a court for selection of the trial jury." (People v. Ramos (1997) 15 Cal.4th 1133, 1152, fn. 1, 64 Cal.Rptr.2d 892, 938 P.2d 950.) "[I]n many cases, particularly lengthy capital prosecutions, several panels are assigned to

[62 Cal.4th 1209]