P. v. Raymond
Ana Raymond appeals from the judgment entered following a jury trial in which she was convicted of attempted carjacking with a finding that she used a deadly weapon in the commission of the offense, assault with a deadly weapon, and dissuading a witness by force or threat. She contends the trial court erred in rejecting her argument that, after initially waiving Miranda, she invoked her right to remain silent when she failed to respond to a specific question, thereby precluding any comment on her silence. Defendant further contends that imposition of an upper term sentence violated Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham). Court affirm.
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