P. v. Mandujano
Defendant and appellant Rigoberto Raul Mandujano was convicted by jury of the willful, deliberate, and premeditated attempted murder of Michael Johnson. (Pen. Code, §§ 664, 187.)[1] The jury found true allegations that defendant used a firearm (§§ 12022.5, subd. (a), 12022.53, subds. (b)-(d)) and personally inflicted great bodily injury on Johnson (§ 12022.7, subd. (a)). The trial court sentenced defendant to 7 years to life for the attempted murder, enhanced by 25 years to life for the firearm use under section 12022.53, subdivision (d).[2]
In his timely appeal from the judgment, defendant contends: (1) the trial court failed to properly evaluate whether the prosecutor had exercised peremptory challenges for improper racial or ethnic purposes under Batson v. Kentucky (1986) 476 U.S. 79 and People v. Wheeler (1978) 22 Cal.3d 258 (Batson/Wheeler); and (2) the trial court abused its discretion in denying defendant’s motion for mistrial after testimony indicating defendant was believed to be a member of a street gang. We affirm. Defendant has failed to demonstrate error under Batson/Wheeler, and denial of the motion for mistrial was not prejudicial error.
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