P. v. Olivares
Angelina Olivares appeals from judgment entered following a jury trial in which she was convicted of voluntary manslaughter (Pen. Code, 192, subd. (a)) with the finding that she personally used a deadly and dangerous weapon, a claw hammer, within the meaning of Penal Code section 12022, subdivision (b)(1). She was sentenced to prison for 12 years, consisting of the upper term of 11 years plus one year for the weapons enhancement. She contends the upper term sentence imposed violated her rights pursuant to the Sixth Amendment because it was not based on facts found by a jury beyond a reasonable doubt or admitted by appellant. For reasons stated in the opinion Court affirm the judgment.
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