P. v. Vielma
A jury convicted appellant Oscar Vielma of second degree burglary (Pen. Code, 459; 460, subd. (b)). In a separate proceeding, the court found true enhancement allegations that appellant had served three separate prison terms for prior felony convictions (Pen. Code, 667.5, subd. (b)). The court imposed a prison term of five years, consisting of the three-year upper term on the substantive offense and one year on each of the three prior prison term enhancements.
On appeal, appellant contends (1) the court erred in denying appellants motion for a continuance, and (2) he was denied his rights to trial by jury and due process of law under the United States Constitution because the court imposed the upper term based on circumstances in aggravation that were not found by a jury beyond a reasonable doubt. Court affirm.
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