P. v. Stiles
Defendant Bruce Edward Stiles appeals his conviction of three arson-related charges with associated enhancements. On appeal, defendant contends: (1) the evidence was insufficient to support his conviction on two counts; (2) the one-year concurrent enhancement for one prison prior must be stricken because the underlying prison term was served concurrently with the term for another prison prior; (3) the trial courts finding of identity in defendants prior convictions deprived defendant of his right to trial by jury on the prior convictions; and (4) his sentence for attempted arson should be reduced to the middle term because the trial court imposed the aggravated term on the basis of facts not found by the jury. Court agree with defendants contention that the concurrent enhancement for a prison prior must be stricken. Court find no other errors.
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