P. v. Poole CA2/2
Divine Poole appeals the judgment entered following a jury trial in which he was convicted of one count of first degree burglary. (Pen. Code, § 459.) The trial court sentenced appellant to a term of 16 months (one-third the midterm of four years) to run consecutively to the sentence in Los Angeles County Superior Court Case No. TA137598-02. The court awarded no custody credits.
Appellant contends the prosecutor improperly used a peremptory challenge to excuse the sole African-American juror from the venire, and the trial court erred in denying appellant’s Batson-Wheeler motion. We disagree and affirm the judgment of conviction. The Attorney General contends the trial court imposed an unauthorized sentence and erroneously ruled that appellant was not entitled to any custody credits. We disagree that the sentence the court imposed was unauthorized, and conclude that the prosecutor’s failure to object at sentencing forfeited the issue.
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