P. v. Washington









Filed 11/16/10 P. v. Washington CA2/7






NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, Plaintiff and Respondent, v. ELNATHAN WASHINGTON, Defendant and Appellant.

B217457 (Los Angeles County Super. Ct. No. MA043769)

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Affirmed and remanded for resentencing.
Law Offices of James Koester and James Koester, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Michael C. Keller and Douglas L. Wilson, Deputies Attorney General, for Plaintiff and Respondent.

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Appellant Elnathan Washington appeals his conviction for one count of offering false evidence (Pen. Code,[1] § 132) and one count of preparing false documentary evidence (§ 134). On appeal, Washington contends that the prosecution improperly exercised its three of its seven peremptory challenges to excuse African-American prospective jurors in violation of People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). Washington also claims that the trial court erred in failing to strike two prior prison term sentencing enhancements pursuant to section 667.5, subdivision (b). We conclude that the matter must be remanded to the trial court to correct certain sentencing errors consistent with the parties' sentencing agreement, but otherwise affirm the judgment.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

I. The Charges

On February 5, 2009, the Los Angeles County District Attorney charged Washington with one count of offering false evidence (§ 132), and one count of preparing false documentary evidence (§ 134). It was alleged that, at the time of the commission of the charged offenses, Washington was released on bail in two other criminal cases within the meaning of section 12022.1. It also was alleged that Washington had suffered one prior serious or violent felony conviction within the meaning of the â€