Court of Appeals for the Ninth Circuit April 8, 2002, 98-56927 (Joaquin Leso Fernandez v. Ernie Roe, Warden General of the State of California People of the State of California)

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner-Appellant Joaquin Leso Fernandez appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his 1995 state jury trial conviction for second degree murder. Petitioner contends that under

Batson v. Kentucky,

476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.