P. v. Bright
Defendant Jerry Bright was convicted by a jury of being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1)),[1]misdemeanor driving under the influence (DUI) (Veh. Code, 23152, subd. (a)), and misdemeanor driving with an elevated blood-alcohol level. (Veh. Code, 23152, subd. (b).) The jury found defendant was armed at the time of his commission of the firearm offense and that his blood-alcohol level was 0.15 percent or more within the meaning of Vehicle Code section 23578 for purposes of the driving with an elevated blood-alcohol level offense. In a bifurcated court trial the trial court found defendant had two prior DUI convictions, had a prior serious felony juvenile adjudication for attempted second degree murder with personal use of a firearm and personal infliction of great bodily injury, and had served a prior prison term for possession of a controlled substance. The trial court ruled defendants prior juvenile adjudication could be used as a strike for purposes of Californias three strikes law. ( 667, subds. (b)-(i), 1170.12, 1192.7, subd. (c).) On appeal defendant claims several jury instructional errors, prejudicial prosecutorial misconduct in closing argument, several errors in the trial courts giving of a firecracker instruction, and error in the trial courts use of his prior juvenile adjudication in sentencing under Cunningham v. California (2007) 549 U.S. 270 [166 L.Ed.2d 856] (Cunningham). Court affirm the judgment.
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