P. v. Joyner
Following a jury trial, defendant was found guilty of robbery (Pen. Code, 211). The jury also found true that defendant had used a deadly weapon in the commission of the offense within the meaning of section 12022, subdivision (b)(1). Defendant thereafter admitted that he had suffered a prior strike conviction pursuant to sections 667, subdivisions (b) through (i), and 1170.12; in return, the prior prison term ( 667.5, subd. (b)) allegations and the gun-use enhancement were dismissed. Defendant was sentenced to a total term of 10 years in state prison: the upper term of five years, doubled to 10 years for the prior strike allegation. On appeal, defendant contends (1) his constitutional right to be present at all critical stages of the proceeding was violated when he was not present for the courts resolution of a jury note; and (2) he was deprived of his federal and state constitutional rights to a jury trial and due process under Blakely v. Washington (2004) 542 U.S. 296 [124 S.Ct. 2531, 159 L.Ed.2d 403] (Blakely) and Apprendi v. New Jersey (2000) 530 U.S. 466 [120 S.Ct. 2348, 147 L.Ed.2d 435] (Apprendi) when the trial court imposed the upper term. Court reject these contentions and affirm the judgment.
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