P.

BACKGROUND

Procedural history Defendant was charged with the first degree murder of Fernando Huerta (Huerta) in violation of section 187, subdivision (a). The information also alleged that the murder was gang related as defined in section 186.22, subdivision (b)(1)(C); that defendant had suffered two prior felony convictions within the meaning of section 667, subdivision (a), and for purposes of the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)- (i)); and that he served two prior prison terms within the meaning of section 667.5, subdivision (b). Defendant waived his right to a trial on the allegation of prior convictions and admitted them. The jury found defendant guilty of first degree murder as charged and found true the gang allegation. On March 16, 2012, the trial court sentenced defendant to a total term of 55 years to life in prison, comprised of 25 years to life for murder, doubled as a second strike, plus five years due to one of the prior felony convictions. The court stayed the gang enhancement and awarded 778 actual days of custody credit. The court

See People v. Wheeler (1978) 22 Cal.3d 258, 276-277 (Wheeler); Batson v. Kentucky (1986) 476…