P. v. Pye
A jury found defendant Keith Dwayne Pye guilty of carjacking (Pen. Code, 215, subd. (a))[1]and evading a pursuing peace officer by driving with a willful or wanton disregard for the safety of persons or property (Veh. Code, 2800.2, subd. (a)). Defendant waived his constitutional trial rights (including the right to a jury trial) and admitted serving a single prison term for two prior felony convictions alleged pursuant to section 667.5, subdivision (b). The trial court sentenced defendant to a prison term of 10 years 8 months, consisting of the upper term of 9 years for the carjacking conviction, plus a consecutive 8-month term for the Vehicle Code violation (one-third of the middle term), plus one year for the prior prison term enhancement. In his timely appeal, defendant contends the trial court violated his state and federal constitutional right to a fair and impartial jury by refusing to grant his Batson/Wheeler motions[2]and violated his Sixth Amendment jury trial right by imposing the upper term for the carjacking conviction without a jury finding on the aggravating factors pursuant to Cunningham v. California (2007) 549 U.S., [127 S.Ct. 856] and Blakely v. Washington (2004) 542 U.S. 296, 301. Court disagree with defendants contentions and affirm.
Comments on P. v. Pye