California Court of Appeal

Conviction and sentence for possession of methamphetamine and possession of fictitious bills is affirmed over claims that: 1) the trial court abused its discretion when it denied defendant's request to bifurcate the trial on his prior conviction; 2) the trial court prejudicially erred by failing to sua sponte instruct the jury with CALJIC No. 2.02; and 3) defendant's rights were violated when he was sentenced to the upper term without a jury finding the aggravating factors.

Appellate Information

• Decided 03/20/2007
• Published 03/20/2007

Judges

• BENKE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jennifer A. Gambale, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Kristen K. Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.