People v. Phillips

Opinion

RAYE, J.

Defendant Nicholas Phillips was found guilty by a jury of robbing a Togo’s sandwich shop. (Pen. Code, § 211.) Defendant waived jury trial on enhancements that were based on a prior serious felony conviction (§ 667, subds. (a), (b)-(i)), and the trial court found the enhancements true. The trial court denied probation and sentenced defendant to a state prison term of 11 years.

Defendant appeals, contending the trial court erred by denying his Batson-Wheeler 2 motion. The principal question before us is whether it was proper for the trial court to require explanations for only two…