Cano Garcia (defendant) was charged with burglary. During jury selection, it became known that two members of the jury venire were lesbians. The prosecutor exercised peremptory challenges for both of those jurors. Garcia argued that the challenges were unconstitutional because they were based on the jurors’ sexual orientation. The trial court ruled that homosexuals were not a distinct group for purposes of jury selection and denied Garcia’s motion. The trial court did not consider whether the prosecution had any other reason for excluding those jurors. Garcia was found guilty and appealed.