The People, Plaintiff and Respondent v. Francis Mata, Defendant and Appellant — Baxter, J., Concurring

Summary

Justice Baxter concurred in the majority's reasoning and result but argued that a successful Wheeler/Batson challenge involving only one prospective juror should not necessarily give the complainant an absolute right to quash the venire, because reseating the juror may restore the status quo without wasting judicial resources. He considered the issue appropriate for resolution in a future case because it was not presented by the parties. Justice Werdegar, concurring, would require an express and knowing waiver before imposing an alternative remedy, while Justice Liu, concurring, agreed that consent may be shown without an express waiver.