P. v. Johnson
Gerrod Johnson appeals from the judgment entered following a jury trial in which he was convicted of burglary (Pen. Code, 459) and a court trial in which he was found to have suffered one prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)), and a prior serious conviction within the meaning of Penal Code section 667, subdivision (a)(1), and was found to have served two prison terms within the meaning of Penal Code section 667.5, subdivision (b).[1] The court sentenced appellant to a total of 17 years in prison, comprised of the upper term of six years, doubled by reason of the strike conviction, plus five years for the prior conviction found true pursuant to Penal Code section 667, subdivision (a)(1). He contends imposition of the upper term sentence violated Blakely v. Washington[ and his federal constitutional rights to a jury trial and due process of law. For reasons stated in the opinion, court affirm the judgment.
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