P. v. De La Toba
Raul De La Toba appeals from a judgment convicting him of attempted voluntary manslaughter, with enhancements for personal use of a deadly weapon and personal infliction of great bodily injury. Toba asserts his constitutional rights were violated when the trial court excluded defense evidence on hearsay grounds. Court hold the evidence should have been admitted, but find the error harmless.
As to sentencing, De La Toba argues: (1) the imposition of enhancements for both personal deadly weapon use and personal infliction of great bodily harm violated Penal Code section 654's proscription against multiple punishment; (2) the imposition of an upper term sentence was based on an improper dual use of facts and a factor unsupported by the record; and (3) the trial court's factual findings to support the upper term violated his jury trial rights under Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi). Court find no reversible error and affirm the judgment.
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