Canela

A jury convicted appellant Jesus Canela of several crimes, including second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); count l) 1 and evading a peace officer and driving in the direction opposite to traffic (Veh. Code, § 2800.4; count 4)). The jury found true gang and great bodily injury sentencing enhancements (§§ 186.22, subd. (b), 12022.7, subd. (a)) and the trial court sentenced appellant to state prison.

On appeal, appellant contends (1) the prosecutor used peremptory challenges to exclude African-Americans from the jury panel and the court erroneously denied his Batson/Wheeler 2 motion; (2) there was insufficient evidence to support the true findings on the gang enhancement (§ 186.22, subd. (b)) and the great bodily injury enhancement (§ 12022.7, subd. (a)); (3) the court erred by imposing a $41 “theft offense fine” (theft fine) pursuant to section 1202.5; and (4) he is entitled to one additional day of presentence credit.

In the published portion of the opinion, we conclude appellant personally inflicted great bodily injury “in the commission” of count 4 within the meaning of section 12022.7, subdivision (a). In the unpublished portion of the opinion,…