P. v. Rodriquez
A jury convicted defendant and appellant Luis Rodriguez of being a prisoner in possession of a stabbing weapon. (Pen. Code, 4502, subd. (a).) In a bifurcated proceeding, defendant admitted that he had prior strike convictions for assault with intent to rape ( 220) and forcible rape ( 261, subd. (a)(2)), within the meaning of sections 667, subdivisions (c) and (e)(2)(A), and 1170.12, subdivision (c)(2)(A). The trial court sentenced him to 25 years to life in state prison.
On appeal, defendant contends that the court erred in denying his Wheeler/Batson[2]motion (hereinafter Wheeler motion). He also contends the abstract of judgment should be corrected to conform to the oral pronouncement of judgment. The People concede that the abstract of judgment should be corrected. Otherwise, the judgment is affirmed.
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