P. v Curtis 12/19/07 CA2/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B192414

Case Date: 03/13/2008

Preview:Filed 12/19/07 P. v. Curtis CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. PULLEY GENE CURTIS, Defendant and Appellant.

B192414 (Los Angeles County Super. Ct. No. SA058830)

APPEAL from a judgment of the Superior Court of Los Angeles County. Amy D. Hogue, Judge. Affirmed.

Judith Vitek, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Edmund G. Brown, Jr., Attorneys General, Dane R. Gillette, Mary Jo Graves, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Lawrence M. Daniel and Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent. ________________

Pulley Gene Curtis appeals from a judgment entered after a jury convicted him of one count of unlawful driving or taking of a vehicle, in violation of Vehicle Code section 10851, subdivision (a). The trial court sentenced defendant to the upper term of three years in state prison. Defendant urges that his Sixth Amendment right to a jury trial was violated when the trial court imposed the upper term without jury findings to support it. We affirm.1 FACTS Viewing the whole record in the light most favorable to the judgment below as we must (People v. Ceja (1993) 4 Cal.4th 1134, 1138

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