P. v.Troutman
A jury convicted Richard Alan Troutman of robbery and assault with a deadly weapon. He appeals, contending (1) there was insufficient evidence that he took property from the victim's immediate presence as required to support a conviction for robbery, and (2) the court violated his Sixth Amendment right to a jury trial by imposing an upper term based on facts not found by the jury or admitted by him. We conclude the evidence was sufficient to show a taking from the victim's immediate presence, and the court's imposition of an upper term was not a denial of Troutman's constitutional right to a jury trial. Accordingly, Court affirm the judgment.
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