P. v. Parra
A jury convicted defendant of one count of battery by a prisoner upon a non-confined person. The court sentenced him to the upper term of four years in prison.
Defendant appeals, contending that his conviction must be reversed because the trial court: (i) abused its discretion in denying his request for a continuance after a prosecution witness revealed that he had looked through a series of photographs prior to identifying Parra; and (ii) erred in instructing the jury pursuant to CALJIC No. 2.92 that it should consider an eyewitness's certainty in determining the weight to give eyewitness identification testimony. Parra also argues that the trial court violated his federal constitutional rights as established in Blakely v. Washington by sentencing him to an upper-term sentence under California's determinate sentencing law. Court found defendant's claims to be without merit and affirmed the judgment.
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