P. v. Jones CA3
A jury found defendant Brennan Jones guilty of second degree robbery (Pen. Code, § 211), and found true allegations that he had sustained a serious felony conviction that qualified as both a strike (§§ 667, subd. (d); 1170.12, subd. (b)) and a five-year enhancement (§ 667, subd. (a)). The trial court sentenced defendant to 11 years in prison, consisting of the mid-term of three years doubled due to the strike prior plus five years for the prior serious felony enhancement.
On appeal, defendant contends the trial court erred in (1) denying him a continuance so he could make a prima facie case that the jury panel did not represent a fair cross-section of the community; (2) denying him a jury trial on identity for the strike prior; (3) taking judicial notice of court records to determine identity; and (4) responding to a jury question without providing the response to the defense. He also raises three sentencing issues, arguing the trial court erred in denying him a continuance,
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