P. v. Speakes

Filed 1/17/07  P. v. Speakes CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

            Allen Wayne Speakes appeals a judgment convicting him of first-degree burglary in violation of Penal Code section 459.^[1]  He contends the trial court erred in imposing the upper term sentence for this offense, because it improperly considered aggravating factors in violation of his Sixth Amendment right to a jury trial, as articulated in Blakely v. Washington (2004) 542 U.S. 296 (Blakely).  As discussed below, we find no prejudicial error and affirm.

Background

            On the evening of March 13, 2005, Paul Kangas and his 90-year-old mother were at home in their second-floor apartment.  While his mother slept, Kangas worked at his computer.  Hearing a noise, he got up to investigate.  Upon entering the kitchen he saw a stranger--defendant--taking coins out of a box and putting them into his pockets.  Kangas told defendant that he, Kangas, was a â€