P. v. Bautista
A jury convicted defendant Juan Carlos De Jesus Bautista of premeditated and deliberate attempted murder (Pen. Code, §§ 664/187, subd. (a)) (unless otherwise stated section references that follow are to the Penal Code), two counts of assault with a firearm (§ 245, subd. (a)(2)), and actively participating in a criminal street gang (§ 186.22, subd. (a)). The jury also found true allegations that the defendant personally and intentionally discharged a firearm causing great bodily injury (§§ 12022.53, subds. (c) & (d), 12022.5, subd. (a)), that defendant caused great bodily injury (§ 12022.7, subd. (a)), and that defendant committed the offenses for the benefit of, or in association with, a criminal street gang (§ 186.22, subd. (b)).
Following his conviction, defendant was sentenced to an indeterminate term of 40 years to life in prison, as well as additional sentences which the trial court stayed depending on the finality of other charges and enhancements. The trial court also imposed a $200 restitution fine with a 10 percent administrative surcharge fee, or $20.
Defendant appeals contending the trial court should have granted his Batson/Wheeler motion due to the prosecutor’s alleged race-based exercise of a single peremptory juror challenge. (Batson v. Kentucky (1986) 476 U.S. 79 [90 L.Ed.2d 69]; People v. Wheeler (1978) 22 Cal.3d 258.) Defendant also contends the trial court erroneously imposed the 10 percent surcharge on the $200 restitution fine. We conclude the trial court properly denied defendant’s Batson/Wheeler motion and that the $20 administrative surcharge on the $200 restitution fine was proper. We therefore affirm the judgment. We grant the People’s request to correct the abstract of judgment, which fails to reflect the sentence imposed and stayed for the gang enhancement on the attempted murder charge.
Facts and Proceedings
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