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People v. Morreo

California Court of Appeals, Fourth District, First Division
Sep 10, 2009
No. D053521 (Cal. Ct. App. Sep. 10, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JASON CHRISTIAN MORREO, Defendant and Appellant. D053521 California Court of Appeal, Fourth District, First Division September 10, 2009

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCE 254595, Allan J. Preckel, Judge.

HUFFMAN, J.

A jury convicted Jason Christian Morreo of assault with a deadly weapon on a peace officer, carjacking, attempted escape from custody by force or violence and resisting an executive officer with force or violence and found true allegations that he personally used a deadly or dangerous weapon during the commission of each of the offenses. (People v. Morreo (Feb. 19, 2008, D048690 [nonpub. opn.].) After finding that Morreo had two strike priors (one of which was an offense he committed as a juvenile), a serious felony prior and two prison priors, the trial court originally sentenced Morreo to 64-years-to-life in prison, although on Morreo's prior appeal, this court reversed the judgment as to the sentence and remanded the matter for resentencing. (People v. Morreo (Feb. 19, 2008, D048690) [nonpub. opn.].) The trial court thereafter imposed a sentence of 62-years-to-life and Morreo again appeals.

DISCUSSION

Morreo contends the trial court's use of a prior juvenile adjudication as a prior strike conviction violated his federal constitutional rights because there is no right to a jury trial in juvenile proceedings. The California Supreme Court has recently resolved this issue, concluding that the use of juvenile adjudications as strike priors does not offend the federal constitution. (People v. Nguyen (2009) 46 Cal.4th 1007, 1020.) We are bound to follow this precedent and thus affirm the judgment. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450.)

DISPOSITION

The judgment is affirmed.

WE CONCUR: BENKE, Acting P. J., HALLER, J.


Summaries of

People v. Morreo

California Court of Appeals, Fourth District, First Division
Sep 10, 2009
No. D053521 (Cal. Ct. App. Sep. 10, 2009)
Case details for

People v. Morreo

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JASON CHRISTIAN MORREO, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Sep 10, 2009

Citations

No. D053521 (Cal. Ct. App. Sep. 10, 2009)