P. v. Borbon
A jury convicted defendant of second degree robbery (Pen. Code, S 211; count 1) and attempted second degree robbery (S 211; count 2). The jury found the deadly weapon allegation (S 12022, subd. (b)) as to each count not to be true.
Sentenced to state prison for an aggregate term of five years (upper term of five years on count 1 and a concurrent midterm of two years on count 2), defendant appeals, contending (1) the trial court prejudicially erred in denying his request to discharge retained counsel, and (2) the trial court's imposition of the upper term for count 1 contravenes Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). Court affirm the judgment.
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