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.].)