P. v. Olmedo
A jury convicted appellant, Ernie Olmedo, of felony child abuse (Pen. Code, § 273a, subd. (a)), and found true an enhancement allegation that, in committing that offense, appellant personally inflicted great bodily injury on a child under the age of five years (§ 12022.7, subd. (d)). The court imposed a prison term of seven years, consisting of the two-year lower term on the substantive offense and five years on the accompanying enhancement.
On appeal, appellant contends the court erred (1) in denying his Wheeler/Batson[1] motion, and (2) in instructing the jury on appellant’s failure to explain or deny adverse evidence. We affirm.
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