People v. Delaney CA2/5

Filed 1/21/14 P. v. Delaney CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B247762

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA093230) v.

STANLEY J. DELANEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Arthur Jean, Jr., Judge. Affirmed. Joanie P. Chen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, Shawn McGahey Webb, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

A jury found defendant and appellant Stanley Delaney (defendant) guilty of attempted second degree robbery, assault with a deadly weapon, and mayhem. On appeal, defendant contends that the trial court committed reversible sentencing error when it doubled his eight-year base sentence on the mayhem conviction under the “Three Strikes” law based on a prior juvenile adjudication of a serious or violent felony. According to defendant, the doubled sentence based on his prior juvenile adjudication violated his federal constitutional right to a jury trial because the juvenile adjudication was not tried by a jury. Because defendant’s sentencing contention is directly contrary to the California Supreme Court’s decision in People v. Nguyen (2009) 46 Cal.4th 1007, we must reject defendant’s claim of sentencing error. We therefore affirm the judgment of conviction.