P. v. Salvador
Following a jury trial, defendant was convicted of multiple counts and enhancements flowing from a gang-related drive-by shooting, for which he received a total sentence of 37 years to life. He appeals his sentence, asserting that the use of a prior adjudication as a juvenile as a Strike violated his Sixth Amendment right to a jury trial as to a fact used to impose a sentence in excess of the statutory maximum sentence for the substantive crimes, an issue currently pending in the California Supreme Court. (See People v. Nguyen (2007) 152 Cal.App.4th 1205, review granted October 10, 2007, S154847.) Based on existing controlling authority, Court affirm.
Comments on P. v. Salvador