P. v. Mosby
A jury convicted Maurice Mosby of attempted burglary of a vehicle. (Pen. Code, 459/664.)[1] Mosby admitted, prior to trial, he had suffered two prior convictions within the meaning of section 1203, subdivision (e)(4) and had served two prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced Mosby to the upper term for the attempted burglary conviction, and to two consecutive one year terms for the two prison priors. On appeal, Mosby argues the trial court abused its discretion by refusing to permit expert testimony on eyewitness identifications and by ruling the jury could be told he had prior convictions for commercial burglary and theft. He also asserts his sentence must be vacated because it violates Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856].
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