P. v. Stubbs
Joseph William Stubbs[1]appeals from a judgment entered upon his conviction by jury of second degree commercial burglary (Pen. Code, 459).[2] The trial court found to be true the allegation that he had suffered four prior prison terms within the meaning of section 667.5, subdivision (b). It sentenced appellant to the upper term of three years for the burglary conviction, plus an additional year for each of the four prior prison term enhancements. Appellant contends that (1) the prosecution committed Griffin[3]error, (2) alternatively, if the Griffin claim was forfeited by failure to raise it in the trial court, then appellant suffered ineffective assistance of counsel, and (3) the trial court erred in imposing an upper term sentence because the factors in aggravation were not found by the jury beyond a reasonable doubt, thereby violating appellants Sixth Amendment right to jury as articulated in Cunningham v. California. Court
affirm.



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