P. v. Ware
Defendant Michael Jason Ware appeals from a judgment of conviction following a jury trial. The jury found defendant guilty of second degree robbery (Pen. Code, 211) and found true the allegation that he personally used a firearm in the commission of the crime (id., 12022.53, subd. (b)). The trial court found true the allegations that defendant suffered two prior serious felony convictions (id., 667, subds. (a)(1), (b)-(i), 1170.12) and four prior felony convictions for which defendant served prison terms (id., 667.5, subd. (b)). It sentenced defendant to 25 years in state prison.
On appeal, defendant claims insufficient evidence to support a personal firearm use enhancement, error in the prosecutors use of peremptory challenges to remove three Black prospective jurors, evidentiary and instructional error, and error in imposing an upper term sentence based upon facts not found true by the jury. Court affirm.
Comments on P. v. Ware