P. v. Maldonado
Appellant Luis Maldonado was convicted of second degree robbery (count 1) and possession of a firearm by a felon (count 2), with enhancements for personal use of a firearm and one prior prison term. He was sentenced to a total of 16 years in state prison. His sentence includes the upper term of five years on count 1 and a two-year concurrent sentence on count 2. He contends: (1) The trial court erred when it refused to give a unanimity instruction on count 2. (2) Imposition of the upper term on count 1 violated his Sixth Amendment right of the United States Constitution to trial by jury. Court find no prejudicial error and affirm.
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