P. v. Thornton
Defendant appeals from the judgment entered following a jury trial resulting in his conviction of second degree robbery with the use of a deadly and dangerous weapon, a knife. (Pen. Code, SS 211, 12022, subd. (b)(1).) In bifurcated proceedings, the trial court found that defendant had a prior serious felony conviction that required a five-year enhancement (S 667, subd. (a)(1)) and qualified him for sentencing pursuant to the three strikes law (SS 667, subds. (b) (e), 1170.12). The trial court additionally found that defendant had three prior felony convictions for which he had served a separate prison term. (S 667.5, subd. (b).) At sentencing, the trial court imposed an aggregate 14 year term in state prison.
On appeal, defendant contends that he is entitled to have the judgment reversed because the prosecutor committed prejudicial misconduct. Court are not persuaded by the contention. Additionally, court asked the parties to brief, if they wished to do so, unaddressed sentencing error. After again considering the sentencing proceedings and a letter brief from appellate counsel, court hold there is no sentencing error. Court affirm the judgment with directions to the superior court to correct the abstract of judgment.
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