P. v. Phillips
Defendant pled no contest in Merced County to receiving stolen property (a car) and reckless driving. In a related action, he was charged in Sacramento County with carjacking and second degree robbery of a cell phone. The Sacramento County court granted his motion to dismiss the carjacking count but denied the motion as to the charge of robbery, for which defendant was then tried and convicted by a jury. He was sentenced to the upper term of five years in state prison for the robbery and was ordered to pay various fines and fees.
On appeal, defendant contends (1) the rejection of his motion to dismiss the robbery charge denied him due process of law and exposed him to double jeopardy, and (2) imposition of the upper term violated his right to a jury trial on the aggravating factors used to enhance his sentence. Court affirm the judgment.
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