P. v. Lopez
A jury convicted Omar Lopez (defendant) of second degree robbery. The trial court found true the allegations that defendant had suffered a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a)(1) as well as sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d).
The trial court sentenced defendant to 15 years in prison. The sentence consisted of the high term of five years for the robbery, doubled to 10 years because of his strike conviction, and five years for the section 667 subdivision (a)(1) enhancement. Defendant appeals on the ground that the trial court violated his rights to a jury trial and due process under the federal Constitution by imposing the upper term sentence without jury findings.
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