P. v. Molina
Ernie Molina appeals from the judgment entered upon his conviction by jury of first degree murder (Pen. Code, 187, subd. (a)).[1] The jury found to be true the firearm use allegations within the meaning of section 12022.53, subdivisions (b) through (d). The trial court sentenced appellant to an aggregate state prison term of 50 years to life. Appellant contends that (1) the trial court erred in denying his Batson[2]/Wheeler[3]motion based upon its finding that a prima facie case of group bias in jury selection had not been shown, (2) alternatively, if the record is insufficient to establish a prima facie case of group bias, then the missing reporters transcript of the first day of voir dire and lack of a settled statement to replace it effectively prevents appellant from contesting the denial of his Batson/Wheeler motion and compels reversal of the judgment, and (3) the evidence is insufficient to support his conviction. Court affirm.
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