P. v. Lewis
Following a jury trial, defendant Ronald Harold Lewis was convicted of possessing a sawed-off rifle (count 2) and ammunition (count 3) as a convicted felon. (Pen. Code,[1] 12021, subd. (a)(1), 12316, subd. (b)(1).) In a bifurcated proceeding, the trial court found true six prior prison term allegations and one strike allegation. ( 667.5, subd. (b), 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1).) Defendant was sentenced to a total term of 12 years in state prison. He appeals, contending (1) the trial court erred in admitting evidence of uncharged acts pursuant to Evidence Code section 1101, subdivision (b); and (2) he was deprived of his federal and state constitutional rights to a jury trial and due process when the trial court imposed the upper term. Court reject these contentions and affirm.
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