P. v. Dwyer
Joseph James Dwyer appeals from the judgment after a jury convicted him of voluntary manslaughter with a finding of personal use of a deadly weapon. (Pen. Code, 192, subd. (a), 12022, subd. (b)(1).) The trial court sentenced him to state prison for 12 years, including an 11 year upper term for manslaughter and a one year deadly weapon use enhancement. Appellant contends that the trial court committed evidentiary and instructional errors and violated his constitutional right to a jury trial by relying on facts that were not found by a jury to select an upper term sentence. Court affirm.
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