P. v. Lavender
Defendants Johnny Lavender and Jamar Antoine Foster doused victim Tracy Norton with gasoline, shot him with a Taser, and beat him during a robbery. An information charged both defendants with attempted murder, robbery, assault likely to cause great bodily injury, assault with a firearm, making criminal threats, burglary, grand theft, grand theft of a vehicle, and false imprisonment. (Pen. Code, 664/187, subd. (a), 211, 245, subd. (a)(1) & (2), 422, 459, 487, subds. (a) & (d)(1), 236.)
A jury found defendants guilty of all charges except attempted murder, on which it was unable to reach a verdict. Sentenced to 20 years 8 months, both defendants appeal. Foster argues the trial court erred in admitting his confession. Foster and Lavender both challenge the trial courts imposition of the upper term, arguing the court based the sentence on facts neither found by a jury nor admitted by the defendant. Court affirm the judgment.
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