P. v. Trevizo
A jury acquitted defendant Frank Trevizo of attempted murder and the lesser included crime of voluntary manslaughter but convicted him of assault with a deadly weapon and found he personally inflicted great bodily injury on the victim, Deniz Chet Lopez. Consequently, the trial court found that defendant violated the conditions of his probation in two separate cases. He was sentenced to the upper term of four years, plus a consecutive term of three years for the great bodily injury enhancement; concurrent terms were imposed in the two other cases. On appeal, defendant contends (1) he established a claim of racial discrimination during voir dire (Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69]; People v. Wheeler (1978) 22 Cal.3d 258 (hereafter Batson/Wheeler), (2) destruction of juror questionnaires denied him his right to a full and fair review of the Batson/Wheeler issues, (3) the trial court erred prejudicially in admitting evidence of prior bad acts, and (4) imposition of the upper term violated his constitutional rights as set forth in Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (hereafter Apprendi), Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely), and Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856] (hereafter Cunningham). Finding no reversible error, Court shall affirm the judgment.
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