P. v. Kindrix
Filed 4/11/06 P. v. Kindrix CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sutter)
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| THE PEOPLE, Plaintiff and Respondent, v. MARK EUGENE KINDRIX, Defendant and Appellant. | C049497
Super.Ct.Nos. CRF022755 CRF021009
|
Sentenced to an upper term, consecutive sentence, appellant Mark Eugene Kindrix argues that his sentence is unconstitutional pursuant to Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] and Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403].
This contention was rejected in People v. Black (2005) 35 Cal.4th 1238, 1244, 1254, and for the reasons stated therein, we reject appellant's claim of sentencing error.
DISPOSITION
The judgment is affirmed.
MORRISON , J.
We concur:
SIMS , Acting P.J.
NICHOLSON , J.
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