P. v. Penniman
Darrell Dean Penniman (Penniman) appeals the judgment entered following a jury trial which resulted in his conviction of second degree burglary (Pen. Code, 459)[1]and petty theft with a prior ( 666),[2]and the trial courts finding he had served prison terms for four prior felony convictions ( 667.5, subd. (b)). The trial court sentenced Penniman to seven years in prison.
Penniman contends the trial court violated his constitutional right to due process of law when, without the jury having found the factors in aggravation true beyond a reasonable doubt, the court imposed the upper term of three years in prison for his conviction of second degree burglary. Court affirm the judgment.
Comments on P. v. Penniman