California Court of Appeal

A conviction and sentence for robbery and brandishing a deadly weapon is affirmed with the exception of an enhancement where: 1) the trial court's one "strike" finding did not violate defendant's federal constitutional right to jury trial; but 2) a section 667.9 enhancement, made pursuant to a finding that the victim of the robbery was 65 years of age or older, should be stricken.

Appellate Information

• Decided 09/07/2007
• Published 09/07/2007

Judges

• CANTIL-SAKAUYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jennifer Mannix, under appointment by the Court of Appeal, San Jose, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Judy Kaida, Deputy Attorney General, for Plaintiff and Respondent.