P. v. Lebron
Appellant was convicted after jury trial of carjacking, unlawfully taking or driving a vehicle, receiving a stolen vehicle and driving a vehicle with a suspended or revoked license. The court found true a probation violation in another case. (Pen. Code, 215, subd. (a) & 496d, subd. (a); Veh. Code, 10851, subd. (a) & 14601, subd. (a).) He was sentenced to an aggregate term of nine years imprisonment.
Appellant challenges the sufficiency of the evidence proving the carjacking. He also contends that the trial court infringed his due process protections by failing to exclude all evidence pertaining to the carjacking or to instruct the jury that the government had lost important evidence as sanctions for the polices pretrial loss of a piece of evidence. Additionally, appellant argues that the court improperly admitted statements that he made to a police officer before his arrest. Finally, he challenges imposition of the aggravated term for count 1 as prejudicial Blakely/Cunningham error. None of these arguments are persuasive; Court affirm.
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