P. v. Moss
A jury convicted Ricky Lee Moss (appellant) of second degree burglary. (Pen. Code, 459.)[1] The jury found that the value of the property exceeded $50,000. ( 12022.6, subd. (a)(1).) Appellant admitted a prior conviction for a serious or violent felony. ( 1170.12, subds. (a)-(d); 667, subds. (b)-(i).) The trial court sentenced appellant to seven years in prison. The sentence consisted of the upper term of three years, doubled because of the prior strike to six years, and a consecutive year for the section 12022.6 enhancement. Appellant appeals on the ground that imposition of the enhancement under section 12022.6, subdivision (a)(1) violated his rights under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution and must be reversed.
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