P. v. Moore
A jury convicted defendant Reginald Moore of two counts of robbery (Pen. Code, 211 counts one and two) and one count of evading a police officer (Veh. Code, 2800.2, subd. (a) count three). The jury found true the allegation that defendant personally used a firearm in the commission of counts one and two. ( 12022.53, subd. (b).)[1] The court found true the allegation that defendant had served a prior prison term. ( 667.5, subd. (b).)
The court sentenced defendant to 21 years in prison: on count one, the upper term of five years for the robbery conviction, plus a consecutive 10 year sentence for the firearm use enhancement; on count two, a consecutive term of one year (one third the middle term) for the robbery, plus three years and four months (one third the 10 year term) for the firearm use enhancement; and on count three, a consecutive term of eight months (one-third the middle term) for evading a police officer; and an additional one year for the prior prison term enhancement.
The sole issue on appeal is whether the court violated defendants Sixth and Fourteenth Amendment rights by imposing the upper term based on factors that had not been found true beyond a reasonable doubt by the jury. Because the court properly based imposition of the upper term on defendants record of prior convictions, Court affirm the judgment.
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