P. v. Stokes
Defendant appeals from judgment entered following a jury trial in which he was convicted of second degree commercial burglary, count 1 (Pen. Code, S 459), and uttering a forged prescription, count 2 (Health & Saf. Code, S 11368). Defendant admitted he suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, SS 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Defendant was sentenced to prison, in count 1, to the upper term of three years, doubled as a consequence of his admission of the strike prior, for a total of six years. Imposition of sentence on count 2 and the prior prison term enhancement was stayed. He contends the trial court's denial of his Romero motion was an abuse of discretion, and the trial court's selection of an upper term sentence violated his Sixth Amendment right to a trial by jury and proof beyond a reasonable doubt. For reasons explained in the opinion, Court strike the one year enhancement and in all other respects affirm the judgment.
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