P. v. Baldwin
Defendant appeals from the judgment entered following a jury trial in which he was convicted of two counts of petty theft with a prior (Pen. Code, 484, subd. (a), 666)[1]and a court trial in which he was found to have suffered two prior convictions of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d) & 667, subds. (b)-(i))[2]and four prior convictions and prison terms within the meaning of Penal Code section 667.5, subd. (b).[3] The court struck one of the prior strikes in the interest of justice and sentenced appellant to prison for a total of 11 years and four months. The term consisted of the upper term of three years for count 2, doubled pursuant to the Three Strikes law, one-third the middle term of two years, doubled, for count 3 and one year for each of the four prior prison term enhancements. Appellant contends imposition of the upper term sentence violated his federal constitutional rights to proof beyond a reasonable doubt and a jury trial. For reasons stated in the opinion, Court affirm the judgment.
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