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People v. Gunter, B196075

Conviction for second degree robbery is affirmed over defendant's claims that: 1) the evidence at trial was insufficient to establish he used force or fear to take property from the immediate presence of the victim, a mall security guard; and 2) the trial court's imposition of the five-year upper term sentence for robbery based on factual determinations made by the trial judge, not the jury, violated his federal constitutional right to a jury trial.

Appellate Information

  • Decided 11/06/2007
  • Published 11/07/2007




  • California Court of Appeal


  • For Appellees:
  • Syda Kosofsky, 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, Jason Tran and Tannaz Kouhpainezhad, Deputy Attorneys General, for Plaintiff and Respondent.
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