P. v. Adams
A jury convicted defendant Lamel Adams of carjacking (Pen. Code, 215, subd. (a) count one), attempted second degree robbery (Pen. Code, 211, 212.5, subd. (c), 664 count two), evading a peace officer with willful disregard for safety (Veh. Code, 2800.2, subd. (a) count three), and possession of a firearm by a convicted felon (Pen. Code, 12021, subd. (a)(1) count four). The jury found that defendant personally used a firearm (Pen. Code, 12022.53, subd. (b)) in the commission of counts one and two. In a bifurcated proceeding, the jury found that defendant had suffered four prior serious felony convictions in September 1993 and a fifth such conviction in March 1990. He was sentenced to state prison for 54 years to life, consisting of 29 years (the upper term of nine years, plus 10 years for firearm use, plus 10 years for the separately tried serious felony convictions) to life on count one ( 667, subd. (e)(2)(A)(iii)) plus 25 years to life on count three; concurrent terms of 25 years to life plus a 10 year firearm enhancement on count two and 25 years to life on count four were imposed.
On appeal, defendant contends (1) his attempted robbery conviction must be reversed because the trial court failed to give the jury a unanimity instruction, (2) his evading a peace officer conviction must be reversed because of instructional error regarding the element that the officers car be distinctively marked, (3) his $180 court security fee must be reduced to $80 (the Attorney General concedes this point), and (4) the upper term component of his third strike sentence for carjacking is unconstitutional under Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) and Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court modify the judgment as to the court security fee and in all other respects affirm.
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