Appellant argued on appeal that the prosecution’s exercise of three peremptory challenges of persons with Hispanic surnames established a prima facie case of group bias and required reversal. The appellate court rejected the argument, finding that the statistical circumstances of the peremptory challenges was not sufficient to raise an inference of discriminatory purpose. Of the 12 potential jurors seated, four had Hispanic surnames. Of the group outside the box, two had Hispanic surnames. All were questioned in the regular manner. After the prosecution made its peremptory challenges, both sides accepted the jury. Three people with Hispanic surnames were still seated at that time. No challenges were made to the alternate jurors, who included one African-American and one Latino juror.