P. v. Daniels
Defendant and appellant Treyvon Lamar Daniels (defendant) appeals from the judgment entered after he was convicted of second degree robbery and second degree commercial burglary. He contends that his sentence must be reversed because he did not expressly waive his right to a jury trial on the allegation he sustained a prior juvenile adjudication. Defendant also contends that the trial court was not authorized to impose a five-year sentence enhancement due to the prior juvenile adjudication. We conclude that defendant forfeited his right to challenge the denial of a jury trial, but was not harmed by the denial in any event as we agree the five-year enhancement should not have been imposed. Therefore we strike the enhancement and remand the matter to the trial court for the opportunity to resentence defendant. We otherwise affirm the judgment.
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