P. v. Willis
A jury convicted defendant and appellant Manuel Willis of three counts of second degree robbery (Pen. Code, § 211) [1] but found not true allegations he was armed with and personally used a handgun (§§ 12022, subd. (a)(1), 12022.5, subd. (a)).[2] In a separate proceeding, the trial court found defendant had suffered a prior conviction under the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), a prior serious or violent conviction (§ 667, subd. (a)), and served prior prison terms (§ 667.5, subds. (a)-(b)). Defendant was sentenced to a total term of 15 years in state prison, consisting of the upper term in count 1 of five years, doubled pursuant to the three strikes law, plus a five-year enhancement under section 667, subdivision (a). Sentencing on the prior prison term findings was stayed.
In his timely appeal, defendant contends: (1) he was denied his state and federal constitutional rights to a representative and impartial jury because the trial court erroneously denied his motions under Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler) to prevent the prosecution from striking five Black jurors; and (2) the trial court erroneously denied his request to strike a prior serious and violent felony conviction allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm the judgment but remand with directions to correct errors in the abstract of judgment.
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