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Name: People v. Currie
Case #: A084426
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/30/2001
Subsequent History: Rev. den. 5/16/01

Appellant did not establish that the underrepresentation of African-Americans was a constitutionally impermissible feature of the Contra Costa County jury selection process. The process was entirely race-neutral. The lower court properly found that the disparity in representation was attributable to the disproportionately high rate of failure to appear by those summoned for service from the Bay District, which included the predominant African-American population. Underrepresentation of minority groups does not amount to the systematic exclusion necessary to support a representative cross-section claim. Nor is the county required to implement practices to correct underrepresentation. Since appellant failed to establish a prima facie case of systematic exclusion of a cognizable class in the jury selection process, the trial court did not err in making this finding, and appellant’s conviction for second degree murder was affirmed.