Esquibel

INTRODUCTION

Appellant challenges his conviction for four counts of attempted murder and one count of assault with a firearm. His initial contention is that the trial court improperly excluded two of his friends during the examination of a seven-year-old witness. We hold the temporary exclusion of these two spectators did not result in the violation of appellant’s constitutional right to a public trial. We conclude that Penal Code section 686.2 has no application to this case.

The United States Supreme Court granted certiorari in this case and vacated the judgment, for further consideration in light of Cunningham v. California (2007) 549 U.S. 270 [ 166 L.Ed.2d 856 , 127 S.Ct. 856 ] (Cunningham). We reconsider the sentence and find the imposition of the high term was appropriate. Appellant also challenges certain sentencing enhancements, which we modify. In all other respects, the judgment is affirmed.

PROCEDURAL BACKGROUND

In an information filed by the District Attorney of Los Angeles County, appellant was charged with five counts of attempted, willful, deliberate, and premeditated murder. (§§ 664, 187, subd. (a).) Count 1 further alleged that in the commission of…