P.v. Flores
Defendant contends (1) the trial court erred in denying his Wheeler/Batson motion; (2) the evidence was insufficient to sustain his convictions for animal cruelty in counts 17 and 18; (3) the trial court erred in instructing the jury that the animal cruelty counts were the natural and probable consequences of the home invasion robbery, residential burglary, grand theft dog, and conspiracy of which he was convicted in other counts; (4) the trial court erred under Penal Code[2]section 654 in imposing a consecutive sentence for count 3; and (5) the abstract of judgment should be corrected to reflect the proper subordinate terms on counts 14 and 15. In a supplemental brief, defendant contends the imposition of aggravated terms for counts 1, 14, and 15 violated his constitutional rights to trial by jury and proof beyond a reasonable doubt.
The People concede that defendants convictions of grand theft dog in counts 3 to 12 must be reversed because they were based on the same conduct as defendants robbery conviction and that defendants sentence on counts 14 and 15 must be modified under section 1170.1, subdivision (a). Court find no other errors.
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