P. v. Ball
Filed 6/14/06 P. v. Ball CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT LAMAR BALL, Defendant and Appellant. | A110297 (San Mateo County Super. Ct. No. SC057196) |
I.
Introduction
Following a jury trial, appellant Robert Lamar Ball was convicted of felony assault on a transportation worker (Pen. Code, § 245.2)[1] and two lesser included misdemeanor offenses––misdemeanor assault (§ 240) and misdemeanor battery (§ 242). The court found that the current conviction for felony assault was a serious felony (§ 1192.7, subd. (c)(23) & (32)), and that appellant had two prior serious felony convictions (§ 667, subd. (a)) and two prior strike convictions (§ 1170.12, subd. (c)(1)). Appellant was sentenced to a total unstayed term of 16 years.
In this appeal, appellant contends that the trial court violated his constitutional rights to a fair trial and to an impartial jury by refusing to replace a juror who â€
