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Name: People v. Wilson
Case #: C057523
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/10/2008

Amended Penal Code section 1170, subdivision (b), permitting the sentencing court to imposed an upper term sentence based on stated reasons does not violate a defendant’s right to jury trial, proof beyond reasonable doubt, or due process. By his plea, appellant was convicted of second degree burglary and granted probation. Following a subsequent revocation of probation, on November 5, 2007, the court sentenced appellant to state prison for the upper term of three years, justifying the term on the basis of appellant’s prior convictions and continued abuse of controlled substances. Noting that the sentencing complied with the amended section 1170 subdivision (b), effective March 30, 2007, which eliminated the requirement of a judge-found factual finding, the appellate court found that the sentence did not violate appellant’s constitutional rights under Apprendi, Blakely, or Cunningham. Further, even if Cunningham had applied, there would be no error as there was one legally sufficient aggravating factor justifying the upper term, appellant’s prior convictions. (See People v. Black (2007) 41 Cal.4th 799.)