P. v. Jiron
The jury acquitted defendant Jorge Jiron of the charged crime of first degree murder, but convicted him of the lesser included offense of voluntary manslaughter. (Pen. Code, 192, subd. (a).)[1] The jury found defendant personally used a broken bottle as a deadly weapon. ( 12022, subd. (b)(1), 1192.7, subd. (c)(23).) The judge sentenced defendant to the upper term of 11 years for voluntary manslaughter, plus one consecutive year for the deadly weapon enhancement. Defendant contends the court abused its discretion by sentencing him to the upper term for voluntary manslaughter. He argues the court imposed the upper term based on facts the jury found to be not true when it acquitted him of murder. Court disagree and affirm the judgment.
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