P. v. Abanico
A jury convicted Afredo Vierra Abanico and his codefendant Vincent Lopez of five counts of kidnapping for purposes of robbery, five counts of kidnapping to facilitate a carjacking, and street terrorism, and it further found that they personally used firearms and committed the crimes for the benefit of a criminal street gang. After a court trial, the court found that both had served prior prison terms and that Lopez had a prior strike conviction. (Pen. Code, 209, subd. (b)(1), 209.5, subd. (a), 186.22, subds. (a) & (b)(1), 12022.5, subd. (a)(1), 12022.53, subds. (b) & 12022.5, subd. (a)(1), 667.5, subd. (b), & 1170.12, subd. (c)(1).) On appeal from the judgment, defendant claims the court violated his right to a jury trial by imposing the upper term for street terrorism based on factors that the jury did not find and he did not admit.
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