P. v. Walker
A jury found defendant Raymond Walker guilty of first degree murder and attempted second degree robbery, finding true the special circumstance that defendant committed the murder during the commission of the attempted robbery, and also finding true the special allegations that he personally used a firearm with respect to both counts. The court sentenced defendant to an aggregate term of 10 years plus life in prison without the possibility of parole.
On appeal, defendant contends reversal of judgment as to both counts is required because (1) without defendants statement to police, there was insufficient evidence to establish the corpus delicti for attempted robbery, and (2) his statement to police was the result of coercion and therefore inadmissible. Defendant also contends the trial courts imposition of the upper term as to the gun use enhancement for counts 1 and 2 violated his Sixth Amendment rights under Cunningham v. California (2007) 549 U.S. ___ [127 S.Ct. 856; 166 L.Ed.2d 856] (Cunningham). Court affirm the judgment.
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