P. v. Woods
Defendant Robert Lee Woods appeals from the judgment entered following the jury verdict convicting him of second degree robbery, with the finding that he personally inflicted great bodily injury upon the victim. (Pen. Code, §§ 211, 12022.7, subd. (a).)[1] In a bifurcated proceeding, the jury also found that the robbery was committed for the purpose of promoting criminal conduct by gang members. (§ 186.22, subd. (b)(1)(C).) After a separate bench trial, defendant was found to have suffered prior serious felony convictions within the meaning of sections 1170.12, subdivisions (a) through (d), 667, subdivisions (b) through (i), and 667, subdivision (a), and to have served a prior prison term within the meaning of section 667.5, subdivision (b). He was sentenced to 45 years to life in state prison. Defendant contends there is insufficient evidence to sustain the robbery conviction and the true finding on the gang allegation, and the prosecutor committed Batson/Wheeler[2] error. We conclude the trial court’s finding that the prosecutor provided a race-neutral reason for exercising a peremptory challenge is not supported by the record. Accordingly, the judgment is reversed.
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