MELANSON, Judge.
Bradford Jerome Foster appeals from the judgment of conviction entered upon a jury verdict finding him guilty of felony driving under the influence (DUI). For the reasons set forth below, we affirm.
Foster was charged with felony DUI, two or more within ten years. I.C. §§ 18-8004, 18-8005(5). Foster pled not guilty and proceeded to trial with counsel. The attorneys conducted voir dire, and Foster's counsel conducted the following colloquy with Juror 5:
The state did not question Juror 5. At the conclusion of voir dire, the attorneys passed the jurors for cause and proceeded to exercise their peremptory challenges. The first juror struck by the state was Juror 5. Foster objected to the challenge, alleging that it was being used to exclude a person from the jury on account of race in violation of the Equal Protection Clause of the United States Constitution. Foster argued that the state was required to offer a race-neutral reason for its use of the peremptory challenge because he, his attorney, and Juror 5 were African American.
Based on the objection, the district court requested that the prosecutor provide a race-neutral explanation for the peremptory strike of Juror 5. The prosecutor explained:
The district court then responded:
In response, the state further explained:
The district court then ruled:
Foster was found guilty of felony DUI. He appeals.
In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court held that discriminatory use of peremptory challenges to exclude persons from jury service on account of their race is a violation of the Equal
Second, if the prima facie showing is made, the burden shifts to the party attempting to exercise the peremptory challenge to articulate a race-neutral explanation for its decision. Batson, 476 U.S. at 94, 106 S.Ct. at 1721-22, 90 L.Ed.2d at 86. It is not enough for the state to represent that he or she did not exercise its challenges on an impermissible basis; the state must provide a clear and reasonably specific explanation of legitimate reasons for exercising the challenges. Batson, 476 U.S. at 98 n. 20, 106 S.Ct. at 1724 n. 20, 90 L.Ed.2d at 88-89 n. 20; Araiza, 124 Idaho at 87, 856 P.2d at 877. A potential juror's demeanor can be a race-neutral explanation for a peremptory challenge to a juror. See Thaler v. Haynes, ___ U.S. ___, ___, 130 S.Ct. 1171, 1172, 175 L.Ed.2d 1003, 1005-06 (2010).
Finally, if a race-neutral explanation is given for the peremptory challenge, the trial court must determine whether the party attacking the peremptory challenge has met its burden of proving purposeful discrimination based on race. Batson, 476 U.S. at 98, 106 S.Ct. at 1723-24, 90 L.Ed.2d at 88-89. In deciding if the defendant has carried the burden of persuasion, a trial court must undertake a sensitive inquiry into such circumstantial and direct evidence of intent as may be available. Batson, 476 U.S. at 93, 106 S.Ct. at 1721, 90 L.Ed.2d at 85. Where the explanation for a peremptory challenge is based on a prospective juror's demeanor, the trial court should take into account, among other things, any observations of the juror that the judge was able to make during voir dire. Thaler, ___ U.S. at ___, 130 S.Ct. at 1174, 175 L.Ed.2d at 1007-08. In Thaler, the defendant made a Batson objection to the peremptory challenge to an African American juror. The prosecutor provided a demeanor-based explanation for the challenge, stating that the juror's demeanor was humorous, not serious, and that her body language belied her true feelings. The Court noted that one judge presided over voir dire, but another judge took over the case when the peremptory challenges were made. In ruling on the Batson challenge, the second judge did not have the benefit of direct observation of the jurors during questioning. The Court held that a demeanor-based explanation must not be rejected solely because the judge did not observe or cannot recall the juror's demeanor. Id. The trial court must evaluate not only the juror's demeanor, but also whether the prosecutor's demeanor belies a discriminatory intent. Snyder v. Louisiana, 552 U.S. 472, 477, 128 S.Ct. 1203, 1207-08, 170 L.Ed.2d at 181 (2008). The determinations of credibility and demeanor lie peculiarly within the trial court's province and, absent exceptional circumstances, we will defer to the trial court's findings. Id.
The party asserting discriminatory use of a peremptory challenge bears the ultimate burden of persuasion and must show that purposeful discrimination was, in fact, the basis for use of the peremptory challenge. Araiza, 124 Idaho at 88, 856 P.2d at
On appeal, the parties do not dispute that Foster made a prima facie showing, under the first step of the Batson analysis, that the state's peremptory challenge of Juror 5 was exercised on the basis of race. Juror 5 was the only juror on the panel removed by the state's peremptory challenges who was a member of a cognizable racial group which was shared by Foster. Foster also concedes, under the second prong of the Batson analysis, that the state articulated a race-neutral explanation for its peremptory strike of Juror 5. Foster argues, however, that the district court erred in overruling his objection under the third prong of Batson. Specifically, Foster argues that the district court's decision was erroneous because the district court's factual finding regarding Juror 5's demeanor did not confirm the race-neutral explanation provided by the state.
The record demonstrates that the district court recalled the brief colloquy which took place between Foster's counsel and Juror 5. The district court indicated it remembered very little interaction between Juror 5 and defense counsel and did not recall Juror 5 laughing, giggling, or acting in a more or less pleasant manner than was demonstrated by the other jurors. Foster argues that, because the district court's observations of Juror 5 did not confirm the reasons provided by the state for the peremptory challenge, the district court's ruling on the Batson objection was erroneous. In support of this argument, Foster cites to Snyder which emphasizes the importance of the trial court's first-hand observations in determining whether a prosecutor's reliance on a juror's demeanor is a sufficiently race-neutral explanation for a peremptory challenge. Snyder, 552 U.S. at 477, 128 S.Ct. at 1207-08, 170 L.Ed.2d at 181. The Court's holding in Snyder does not, however, stand for the proposition that, where a district court's observations of a juror do not confirm the observations of the party exercising the peremptory strike, there is necessarily a Batson violation.
We note that the district court must evaluate not only the juror's demeanor, but also whether the prosecutor's demeanor belied a discriminatory intent. Snyder, 552 U.S. at 477, 128 S.Ct. at 1207-08, 170 L.Ed.2d at 181. After the district court stated its observation of Juror 5, the state explained that it had been observing Juror 5, not solely during the short colloquy which the district court recalled, but throughout the entire thirty minutes Foster's counsel was conducting voir dire. Immediately after hearing the state's further explanation, the district court overruled the Batson objection. Trial courts have broad discretion in formulating the necessary framework for evaluating explanations given by the state for the use of peremptory challenges after a Batson objection. The district court is in a better position than we are to determine the motivation of the state in challenging a juror. Owen, 129 Idaho at 933, 935 P.2d at 196. Having observed both the demeanor of Juror 5 and that of the state's counsel, it was within the district court's discretion to conclude that the state was not acting with a discriminatory purpose. That the district court's observation of Juror 5 during the colloquy did not confirm the observations of the state is insufficient to make the district court's ruling clearly erroneous in this case. Therefore, we hold that the district court did not err in finding the state's justification for striking Juror 5 was race-neutral and that Foster failed to meet his burden of proving a purposeful discrimination.
The district court's decision to deny Foster's Batson objection was not clearly erroneous.
Chief Judge GRATTON and Judge LANSING, concur.