P. v. Rivas
A jury convicted defendant Miguel Angel Rivas of attempted extortion (count 1Pen. Code 524),[1]conspiracy to commit extortion (count 2 182, subd. (a)(1), 518), and extortion by posing as a kidnapper (count 3 210). In addition defendant admitted an allegation that he was out on bail on another charged offense when he committed the instant crimes. ( 12022.1.) The court sentenced defendant to an aggregate term of three years incarceration.
On appeal, defendant makes three contentions: (1) the prosecutor committed Wheeler/Batson[2]error in utilizing a peremptory challenge to excuse the only African-American from the venire panel; (2) the prosecutor committed reversible error by failing to provide defendant with timely statutory discovery of the testifying FBI agents report until after he had already begun testifying; and (3) the prosecutor committed prejudicial misconduct in her rebuttal argument by commenting on defendants failure to testify. Court affirm the judgment in full.
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