P. v. Fyfe
A jury convicted appellant Erin Joseph Fyfe of four counts of second degree commercial burglary (Pen. Code,[1] 459; counts 1-4) and one count of grand theft by use of an access card or account information for an access card acquired or retained without the permission of the cardholder or the card issuer ( 484g, subd. (a); count 5). Appellant was sentenced to the upper term of three years on count one. Middle term sentences on the other four counts were to be served concurrently. On appeal, appellant contends (1) the trial court erred in admitting incriminatory statements he made to a police investigator because the statements were taken in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), (2) insufficient evidences supports his convictions of commercial burglary, (3) insufficient evidence supports his conviction of grand theft, and (4) People v. Black (2007) 41 Cal.4th 799 (Black II), which supports the imposition of the upper term in this case, was wrongly decided. Court reject these contentions and affirm the judgment.
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