P. v. Boston
Darrell Dwayne Boston appeals from a judgment upon a jury verdict finding him guilty of robbery (Pen. Code,[1] § 211). The jury also found true the allegation that defendant used a deadly weapon in the commission of the offense (§ 12022, subd. (b)(1)). In a bifurcated proceeding, the court considered the issue of the charged prior convictions–whether defendant suffered multiple prior strikes and prior serious felony convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), 667, subd. (a)); and three prior prison terms (§ 667.5, subd. (b)). The court determined the issue of identity–that it was defendant who suffered the prior convictions, and as to the strike convictions, the court determined that they were brought and tried separately. The jury then considered whether the allegations that defendant suffered the prior convictions in three separate cases was true. The jury found the prior conviction allegations to be true. Defendant contends that the trial court abused its discretion in failing to strike the prior strike allegations in the interests of justice. He also argues that he was entitled to a jury trial on the issue of whether he was identified as the person who suffered the alleged prior convictions. We affirm.
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