Morris

Introduction

Defendant and appellant Carney Morris appeals from a judgment sentencing him to two concurrent terms of 27 years to life in prison, imposed after a jury found him guilty of two felonies: evading a peace officer with willful disregard of the safety of persons or property, and possession of a firearm by a felon. Defendant contends that the trial court erred by denying his Wheeler motion regarding the People’s exercise of peremptory challenges; by failing to discharge the jury panel after finding merit in the People’s Wheeler motion; by instructing the jury with CALJIC No. 17.41.1 (reporting juror misconduct); by imposing two 1-year prior prison term enhancements to his sentence; and by computing his presentence custody credits under Penal Code section 2933.1, rather than under Penal Code section 4019. Defendant also contends that his sentence constitutes cruel and unusual punishment in violation of the federal Constitution and cruel or unusual punishment in violation of the state Constitution. The People concede that the trial court erred when it imposed two prior prison term enhancements and when it computed the presentence custody credits; accordingly, we…