P. v. Jimenez
A jury found defendant Christopher Glenn Jimenez guilty of first degree burglary (Pen. Code, 459).[1] In a bifurcated proceeding, the trial court found true allegations defendant served three prior prison terms ( 667.5, subd. (b)) and had a prior juvenile court adjudication that qualified as a strike. ( 1170.12.) Defendant was sentenced to an aggregate term of 15 years in state prison, consisting of 12 years (the upper term of six years, doubled for the strike prior), plus one year for each of the three prison priors. ( 667.5, subd. (b).) Defendant appeals, contending (1) there is insufficient evidence to support his burglary conviction, (2) the trial court erred in using his prior juvenile adjudication to impose a second strike sentence, and (3) imposition of the upper term violates his right to due process under the Sixth and Fourteenth Amendments. Court affirm.
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