California, United States of America
The following excerpt is from People v. Soria, G037134 (Cal. App. 6/25/2007), G037134 (Cal. App. 2007):
Moreover, defendant's argument is not persuasive if we look at other instructions given: CALCRIM No. 220 (reasonable doubt), CALCRIM No. 521 (degrees of murder), and CALCRIM No. 200 (instructions to be considered together). These instructions, when read together with the entirety of CALCRIM No. 640, correctly paraphrase the provisions of Penal Code section 1097. (People v. Boyette (2002) 29 Cal.4th 381, 436 [jury presumed to have followed instructions].)
>2. Imposition of consecutive sentences does not violate defendant's right to a jury trial.
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