P. v. Dufore
On August 18, 2004, the People filed a complaint against defendant Timothy Dale Dufore alleging two counts: attempted murder (count 1 - Pen. Code, 664/187, subd. (a))[1]and assault with a firearm upon a peace officer (count 2 - 245, subd. (d)(1)). The complaint further alleged as to both counts that defendant intentionally and personally discharged a firearm during the commission of the offense ( 12022.53, subd. (c)), and as to count 2 that defendant used a firearm, a shotgun ( 12022.5, subd. (a)). Defendant appeals, contending that the imposition of the upper term violated his constitutional rights to a jury trial, proof beyond a reasonable doubt, and due process. Court affirm.
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