P. v. Warren
A jury convicted defendant Kenneth Eugene Warren of car burglary (Pen. Code, 459) and receiving stolen property (Pen. Code, 496, subd. (a)). The trial court sustained allegations of a prior serious felony conviction and a prior prison term (Pen. Code, 1170.12, 667.5, subd. (b)). Defendant was sentenced to seven years in prison.
On appeal, defendant contends the denial of his motion for a continuance was an abuse of discretion; the trial court erroneously admitted evidence of his prior conviction for lewd and lascivious conduct with a child under 14 years of age; and his upper term sentence violated the principles of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely) and Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (Apprendi). Court reject the contentions and affirm.
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