P. v. Wilson
Defendant appeals his conviction by jury trial of second degree robbery with personal firearm use (Pen. Code, 212.5, subd. (c), 12022.53, subd. (b)) (count 1), possession of a firearm by a felon ( 12021, subd. (a)(1)) (count 2), burglary of a vehicle ( 460, subd. (b)) (count 3) and possession of stolen property ( 496, subd. (a)) (count 4). In a bifurcated proceeding, the court found true a prior conviction allegation. ( 1203, subd. (e)(4).) Wilson was sentenced to 15 years eight months in state prison. Codefendant Jeffrey Burtley[2]appeals his conviction of second degree burglary while armed with a firearm ( 212.5, subd. (c), 12022, subd. (a)(1)) (count 1), burglary of a vehicle (count 3), and receiving stolen property (count 4). The court found true a prior serious felony conviction. ( 667, subd. (a).) Burtley was sentenced to 16 years four months in state prison.
Defendants both contend the court erroneously denied their joint Batson Wheeler motion, and erroneously admitted a witnesss opinion testimony. In addition, Burtley contends the court erroneously denied his pretrial severance motion, there was insufficient evidence to support his conviction of possession of stolen property, and the court committed Blakely error (Blakely v. Washington (2004) 542 U.S. 296) in imposing the upper term and consecutive sentences in violation of his right to jury trial. Court reject the contentions and affirm.
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