P. v. Sanchez
Appellant, Edgar Saucedo Sanchez, was charged in an information filed March 22, 2007, with robbery (Pen. Code, 211 & 212.5, subd. (c), count one),[1]and recklessly evading a peace officer in a motor vehicle (Veh. Code, 2800.2, count two). A gun use enhancement ( 12022.53, subd. (b)) was alleged as to count one. At the conclusion of a jury trial, Sanchez was found guilty on May 25, 2007, of both counts. The jury found the gun use enhancement true. On June 21, 2007, the trial court sentenced Sanchez to the upper term of five years on count one and consecutive terms of ten years for the gun use enhancement and eight months for count two. Sanchezs total prison term is 15 years 8 months. On appeal, Sanchez contends that imposition of the upper term to count one pursuant to the amended version of section 1170 was an unconstitutional ex post facto law.
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