P. v. Maestas
Defendant Lenny Ross Maestas was previously convicted by a jury of manufacturing methamphetamine. The jury also found true the allegation that defendant was personally armed with a firearm during the commission of the crime (the arming enhancement), and convicted defendant of being a felon in possession of a firearm. Following his conviction, defendant admitted to having served a prior prison term pursuant to Penal Code section 667.5, subdivision (b), and the court found true two strike allegations.
Defendant appeals his sentence, claiming the trial court violated his federal due process and jury trial rights by imposing the upper term on the principal conviction as well as the arming enhancement without submitting the aggravating factors to a jury. Defendant further contends the trial court erred by using the fact that he was armed with a firearm during the commission of the crime as both a sentencing enhancement and as an aggravating factor to impose the upper term. Court find any error to be harmless and affirm.
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