California Court of Appeal

A sentence for second degree burglary of a vehicle is affirmed where: 1) a claim, that the trial court erred by making dual use of his prior conviction when it relied on his parole status and unsatisfactory performance on parole to impose both the upper term sentence and the prior prison term enhancement, failed; and 2) the factors that supported imposition of an upper term sentence, defendant's status as a parolee and his prior unsatisfactory performance on parole, were recidivism-related and fell within the Apprendi exception to the jury trial right.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• James R. Bostwick, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C Hamanaka, Senior Assistant Attorney General, Kenneth N. Sokoler, Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent.