P. v. Morales
A jury convicted defendant of one count of second degree robbery (Pen. Code, SS 211, 212.5, subd. (e)) and found true the allegation he personally used a firearm in the commission of the crime (Pen. Code, S 12022.53, subd. (b)). The trial court sentenced Morales to a prison term of two years for the robbery conviction, enhanced by a term of 10 years for personal use of a firearm.
Defendant challenges his conviction on two grounds: (1) sufficient evidence does not support the firearm use enhancement; and (2) the trial court erred by failing to instruct the jury sua sponte on an enhancement for being armed (Pen. Code, S 12022, subd. a)(1)) as a lesser included enhancement of personal firearm use.
Court conclude the evidence supported the firearm use enhancement and under People v. Majors (1998) 18 Cal.4th 385, 411 (Majors), the trial court was not required to instruct the jury sua sponte on lesser included enhancements. The United States Supreme Court decision in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) did not overrule Majors or undermine its validity. Court therefore affirm the judgment.
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