P. v. Richardson
A jury found defendant and appellant Joseph Lee Richardson guilty of two counts of second degree robbery (Pen. Code, 211, counts 2 & 5) and two counts of attempted second degree robbery ( 664/211, counts 6 & 7). As to each count, the jury also found true the allegation that defendant was vicariously armed with a firearm. ( 12022, subd. (a)(1).) The jury additionally found true the allegations that the crimes committed by defendant were carried out in a manner that indicated planning and that one or more of the victims of the crimes was particularly vulnerable. The trial court sentenced defendant to state prison for a total term of nine years four months, which included the upper term of five years on count 2. Defendants sole contention on appeal is that the imposition of the upper term sentence violated his Sixth Amendment right to trial by jury under Blakely v. Washington (2004) 542 U.S. 296 (Blakely) and Cunningham v. California (2007) U.S. [127 S.Ct. 856, 166 L.Ed.2d 856]. Court disagree and affirm.
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