What is the test for establishing systematic exclusion of a minority from a jury?

^3. The court was right on both counts. It has been held that two consecutive jury panels are an inadequate sample to make out a prima facie case of systematic exclusion (People v. Morales (1989) 48 Cal.3d 527, 548), which means that one panel is certainly inadequate. In People v. Burgener (2003) 29 Cal.4th 833, 859, involving African-Americans in Los Angeles County, the reference was to the venire.

^4. "In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a 'distinctive' group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process." (Duren v. Missouri (1979) 439 U.S. 357, 364.)