The opinion of the court was delivered by: Butz ,j.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Angel Ray Sanchez of felony assault, with an enhancement for infliction of great bodily injury during commission of the offense. (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a).)*fn1 The trial court sentenced him to an aggregate state prison term of six years eight months. Defendant's appeal raises the issue of whether the trial court erred in denying his Batson/Wheeler motion*fn2 during voir dire selection of the jury. We shall affirm.
The facts of this case are of limited importance to the issue raised on appeal. Suffice it to say that the evidence showed that on March 18, 2009, defendant, a self-acknowledged alcoholic and member of the Broderick Boys street gang, along with his brother Jesse, brutally assaulted Joshua Thomsen at defendant's apartment, without provocation.*fn3 Defendant testified and acknowledged inflicting the injuries on Thomsen, but claimed Thomsen was the aggressor.
The District Attorney filed an amended information charging defendant in count 1 with felony assault by means of force likely to cause great bodily injury, with enhancements for criminal street gang activity (§ 186.22, subd. (b)(1)) and infliction of great bodily injury during commission of the offense (§ 12022.7, subd. (a)). Count 2 charged defendant with active participation in a criminal street gang (§ 186.22, subd. (a)), with an enhancement for infliction of great bodily injury (§ 12022.7, subd. (a)). The jury convicted defendant of felony assault and found true the enhancement for infliction of great bodily injury under count 1. It acquitted him of the remaining count and found the remaining enhancements not true.
Defendant was sentenced to an aggregate of six years eight months in state prison. The sentence consisted of a two-year term for the felony assault, plus consecutive terms of three years on the great bodily injury enhancement, and one year eight months on two unrelated convictions.*fn4
Defendant argues the trial court erred in denying his Batson/Wheeler motion after the prosecutor exercised peremptory challenges to exclude three ...