P. v. Amaya CA4/2
After hearing evidence he stabbed one of his former inmates 25 times with a screwdriver, a jury convicted Ernest Amaya, Jr., of assault with a deadly weapon and found true the attending great bodily harm allegation. (Pen. Code, §§ 245, subd. (a)(1) & 12022.7, subd. (a).) As this was Amaya’s third strike, he received an enhanced sentence of 28 years to life.
Amaya raises three arguments on appeal. He contends his conviction must be reversed because the trial court erroneously refused to reopen evidence during jury instructions to allow additional impeachment testimony. Next, he contends the trial court erroneously denied his Batson/Wheeler motion. Finally, he argues and the People concede the trial court lacked authority to impose a lifetime weapons and ammunition ban. We will modify Amaya’s sentence to delete the ban, but in all other respects we affirm the judgment.
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