P. v. Balkam
Defendant and appellant appeals from the judgment entered following a jury trial that resulted in his convictions for burglary, robbery, and mayhem. Defendant was sentenced to a prison term of 10 years 4 months. Defendant contends the trial court committed sentencing error. First, Defendant argues that a great bodily injury enhancement should not have been imposed on the burglary count because great bodily injury is an element of mayhem. Second, Defendant argues that imposition of an upper term sentence violated his right to a jury trial under the Sixth Amendment. Court affirms.
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