People v. S.R.

*55OPINION OF THE COURT

Richard Lee Price, J.

The defendant moved for a mistrial after five jurors were selected, contending that the prosecutor had used his peremptory challenges in such a manner as to attempt to systematically exclude females and blacks from the jury. After hearing arguments and examining the record, the following facts and legal conclusions emerged.

This court begins by observing that when this motion was made at least 2 of the 5 sworn jurors, i.e., 40%, were members of racial minorities. Thus, the jury consisted of one black and one hispanic, each making up 20% of the then…