P. v. Furlow
A jury convicted appellant Harold Furlow of second degree robbery (Pen. Code, 211) (count 1) and second degree burglary ( 459) (count 4). The trial court found true the allegations that appellant had suffered a prior conviction for a serious or violent felony and a prior prison term ( 667, subd. (a)(1); 667, subds. (b)-(i); 1170.12, subds. (a)-(d); 667.5, subd. (b).)
The trial court granted appellants Romero motion and struck the prior conviction for purposes of sentencing under the three strikes law. The trial court sentenced appellant to an aggregate term of nine years in prison. The sentence consisted of the midterm of three years on count 1, a consecutive five-year enhancement pursuant to section 667, subdivision (a)(1), and a consecutive one-year enhancement pursuant to section 667.5, subdivision (b). The trial court stayed a sentence of two years on count 4 pursuant to section 654.
Appellant appeals on the ground that the evidence presented at trial was insufficient to support the verdicts, and federal due process principles require that the judgment be reversed. Court affirm.
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