P. v. Childress CA2/1
Lakendrick Childress appeals from the judgment entered
following a jury trial in which he was convicted of first degree
home invasion robbery in violation of Penal Code1 section 211
(count 1), assault with a firearm in violation of section 245
subdivision (a)(2) (count 2),2 and possession of a firearm by a
felon in violation of section 29800, subdivision (a)(1) (count 5).
With respect to counts 1 and 2, the jury found the personal
firearm use allegations to be true. (§§ 12022.53, subd. (b),
12022.5.) In subsequent proceedings, the trial court found true
all of the prior conviction allegations. The court sentenced
appellant to an aggregate term of 28 years in state prison.
Appellant contends the trial court erred when it denied a
defense Batson-Wheeler3 motion, and the prosecutor committed
prejudicial misconduct in closing argument to the jury, requiring
reversal. We disagree and affirm
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