P. v. Torres
A jury convicted Defendant of being a felon in possession of a firearm and the trial court selected the upper term of punishment. The issues on appeal are whether the trial court erred in excluding evidence intended to show someone else had been the person in possession of the gun and whether the court erred by imposing the upper term based on facts not found by the jury beyond a reasonable doubt. Court conclude the trial courts evidentiary rulings do not warrant a new trial and the court did not err in imposing the upper term sentence.
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