People v. Gonzales

Defendant Sergio Javier Vasquez Gonzales was found guilty by a jury of two counts of robbery. (Pen. Code, § 211.) The jury found true the special allegation that defendant personally used a firearm in the commission of the robberies. (§ 12022.53, subd. (b).) The jury found defendant not guilty of assault with a deadly weapon, but guilty of the lesser included misdemeanor offense of assault. (§ 240.) The jury acquitted defendant of making criminal threats and the trial court granted defendant’s motion for acquittal of a third robbery.

The trial court sentenced defendant to a total prison term of 17 years four months.

Defendant’s sole contention on appeal is the claim the trial court erred in denying his Batson/Wheeler motion. Agreeing with defendant’s claim, we shall reverse the judgment.

FACTUAL BACKGROUND

The facts underlying defendant’s offenses are not necessary to the sole issue on appeal. Basically, the jury found defendant went into the ampm market in Tracy in August 2005, pretended to buy a soda, and when the cashier opened the cash drawer to give defendant change, defendant pointed a gun in her face and grabbed cash from the drawer. On August 22, 2005,…