PEOPLE v. SHADDEN Part I
Owner consent defense to a charge of firing at an unoccupied vehicle requires the consent of all owners, so it was not error to convict defendant of firing at a vehicle co owned by himself and his wife where the wife did not consent. Imposition of upper term based on facts found by judge rather than jury did not violate federal constitutional right to jury trial where trial court exercised discretion to impose the upper term instead of a longer sentence that could have been imposed under the Three Strikes Law.
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