P. v. Armienta
Joseph Armienta and Carlos Alfaro appeal from convictions for felony vandalism committed for the benefit of a criminal street gang.[1] They contend the court erred by denying their Wheeler/Batson[2]motions after the prosecutor exercised peremptory challenges against two Hispanic males, and further erred by failing to instruct sua sponte with CALJIC No. 17.00 to inform the jury that they were required to separately determine the guilt of each defendant. Because Armienta and Alfaros Wheeler/Batson motions failed to make a prima facie showing of discriminatory intent the trial court did not err when it denied the motions. With regard to CALJIC No. 17.00, the Attorney General concedes, and we agree, that the court erred in failing to give that instruction but we conclude that the error was harmless. The court imposed a parole revocation fine but should have imposed a probation revocation fine. Accordingly, Court will order that error corrected but otherwise affirm the judgments.
Comments on P. v. Armienta