P. v. Norton
Acquitting him of murder, a jury convicted defendant David Wayne Norton, Jr., of the lesser included offense of involuntary manslaughter (sustaining an allegation that he was personally armed with a firearm), and of being a convicted felon in possession of a firearm. The court imposed the upper term for the manslaughter conviction (based in part on his serving a prior prison term, and numerous or increasingly serious previous convictions), the upper term for the firearm enhancement (based on his status . . . as a convicted felon and the manner in which he used the firearm), and imposed a consecutive sentence for the possession conviction (finding, inter alia, that he had antecedent possession for a purpose independent of the commission of manslaughter). On appeal, the defendant contends the court erred in failing to instruct the jury that it must unanimously agree on facts underlying the possession conviction, and to require the jury to make express findings on these facts. He also contends that the facts as developed at trial preclude imposing the firearm enhancement because the manslaughter conviction involved a firearm. Finally, he asserts that imposition of the upper terms and consecutive sentences violate his right to a jury trial. Court affirm.
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