P.v . Diblasi
A jury convicted defendant of robbery (Pen. Code, S 211) and second degree burglary (S 459). The jury also found true that defendant had a previous felony conviction in 1977, within the meaning of sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). The court sentenced defendant to a total term of imprisonment of 10 years, which was composed of the upper term of five years in state prison on the robbery conviction, doubled to 10 years under the "Three Strikes" law. The court also imposed the upper term of three years on the burglary conviction, but stayed it pursuant to section 654.
On appeal, defendant contends that: 1) there was insufficient evidence to support the finding that he was the named person in the court documents presented as proof of his previous conviction; and 2) the court erred in imposing the upper terms, pursuant to Blakely v. Washington (2004) 542 U.S. 296 (Blakely). Court affirm.
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