P. v. Phillips
Wylie Phillips and Eddie Nash appeal from the judgments entered following a joint jury trial in which each was convicted of robbery and assault, with further findings of firearm use as to Phillips (during the assault) and principal armed as to Nash (based on Phillipss firearm use during the assault). Nash was also convicted of driving a vehicle without the owners consent. (Phillips, Nash, and codefendant Ryan Gandy, who is not a party to this appeal, were acquitted of several additional charges.)[1] In bifurcated bench proceedings, Phillips and Nash were each found to have suffered a prior felony conviction within the meaning of the Three Strikes law. Phillips and Nash contend they were denied a fair trial based on the trial courts comment during voir dire regarding the privilege against self-incrimination and that they were improperly sentenced to upper terms in violation of Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531]. Court affirm.
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