People v. Melendez CA4/3

Filed 10/31/24 P. v. Melendez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062710

v. (Super. Ct. No. 22NF0357)

CARLOS MAURICIO MELENDEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gassia Apkarian, Judge. Affirmed. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette

C. Cavalier and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent. * * * After a jury convicted Carlos Mauricio Melendez of domestic battery, assault, and child abuse and endangerment, he was sentenced to eight years in prison. He contends his convictions must be reversed because the prosecutor improperly excluded a prospective juror in violation of Code of Civil Procedure section 231.7.1 As explained below, we conclude the trial court properly overruled the defense objection to the exercise of the peremptory challenge. Melendez also contends the prosecutor committed Griffin or Doyle2 error during closing argument. The record shows no such error. Accordingly, we affirm. PROCEDURAL HISTORY On April 25, 2023, a jury found Melendez guilty of domestic battery causing injury with a prior conviction, assault with force likely to cause great bodily injury, and child abuse and endangerment. In a separate proceeding, the trial court found that Melendez previously had been convicted of a strike under the Three Strikes law and a serious felony. The trial court sentenced Melendez to eight years in state prison. Melendez timely appealed.