P. v. Johns
Roy Hinkle Johns (appellant) was convicted, pursuant to a guilty plea, of one count of attempted second degree robbery, with an enhancement for use of a firearm. On appeal, he contends his upper term sentence on the enhancement was imposed in violation of his constitutional right to a jury trial because he did not waive a jury trial on the aggravating facts upon which the court relied in imposing the upper term. Court shall affirm.
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