# People v. Trevino

> California Supreme Court · August 29, 1985 · 39 Cal. 3d 667

URL: https://www.frixlaw.com/law-library/cases/9553114

## Case

- **Full name:** The PEOPLE, Plaintiff and Appellant, v. JEREMIAH TREVINO, Defendant and Appellant; LEONARD L. RIVAS, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** August 29, 1985
- **Citations:** 39 Cal. 3d 667; 217 Cal. Rptr. 652; 704 P.2d 719; 1985 Cal. LEXIS 329
- **Precedential status:** Published
- **Opinion:** Concurrence by Lucas
- **Judges:** Reynoso, Kaus, Lucas
- **Cited by:** 117 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved on other grounds by People v. Johnson, 47 Cal. 3d 1194 (1989).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9553114

## How later opinions describe it (automated extraction)

- explaining that “disparate treatment of the members of the excluded group and the unchallenged jurors is indicative of group bias” (citing Hall, 35 Cal.3d at 168, 197 Cal.Rptr. 71, 672 P.2d 854)

## Opinion text

LUCAS, J.
I concur in the judgment dismissing the charges against defendant Rivas, based on the insubstantiality of the evidence against him.
I dissent, however, to the reversal of the judgment as to defendant Trevino. For the reasons aptly stated by Justice Kaus in his concurring and dissenting opinion, the trial court properly ruled that any inference of group bias was rebutted by the prosecutor. In addition, and unlike Justice Kaus, I believe that People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], was incorrectly decided and should be reexamined. (See id., at p. 288 et seq. [dis. opn. by Richardson, J.].)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9553114. Public record. Not legal advice.