P. v. Tho
Channa Tho appealed from a judgment entered following a jury trial in which he was convicted in count 2 of second degree robbery (Pen. Code, 211) and in count 3 of possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)) with the finding as to count 2 that he personally used a firearm within the meaning of Penal Code section 12022.53, subdivision (b) and the finding by the court that appellant served two prior prison sentences within the meaning of Penal Code section 667.5, subdivision (b).[1]Appellant was sentenced to a total of 17 years in prison comprised of the upper term of five years for count 2, plus a consecutive term of 10 years for the firearm use and a consecutive one-year term for each prior prison term enhancement. For count 3, the court selected the middle term of two years to run concurrent with the sentence in count 2. Appellant contended he was unfairly prejudiced by the prosecutors assertion of irrelevant and inflammatory matter, that he received ineffective assistance of counsel, that the order for restitution was invalid, and that imposition of the upper term on his robbery conviction violated his Sixth and Fourteenth Amendment rights to a jury trial and due process. On September 20, 2006 Court issued an opinion affirming the judgment. As Court did in our original opinion, Court affirm the judgment.
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