P. v. Patten CA2/2
Defendant and appellant Steven Gilbert Patten (defendant) appeals from the judgment entered upon his conviction of assault, animal cruelty, resisting an executive officer, and vandalism. He contends that the trial court erred in overruling his Wheeler/Batson objection to the prosecutor’s peremptory juror challenges, as well as in failing to instruct the jury sua sponte on self-defense in relation to the animal cruelty charge, and in giving an erroneous flight instruction (CALCRIM No. 372). Defendant also requests remand for resentencing under the recent amendment to the firearm enhancement statutes (Sen. Bill No. 620), and correction of a clerical error in the abstract of judgment. We direct the trial court to prepare an amended abstract of judgment which correctly reflects the trial court’s oral pronouncement of sentence; however, finding remand for resentencing unnecessary and no merit to defendant’s remaining contentions, we affirm the judgment.
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