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PEOPLE v. CARDENAS

No. B190463.

64 Cal.Rptr.3d 456 (2007)

153 Cal.App.4th 445

The PEOPLE, Plaintiff and Respondent, v. Guillermo CARDENAS, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

July 17, 2007.

Attorney(s) appearing for the Case

Robert H. Pourvali, Calabasas, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

JOHNSON, J.

Guillermo Cardenas appeals from the judgment following his conviction for second degree robbery. He contends the prosecutor exercised group bias in excusing two Hispanic prospective jurors in violation of People v. Wheeler1 and the trial court erred in imposing the upper term sentence based on facts not found by the jury beyond a reasonable doubt in violation of Cunningham...

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