P. v. Thomas
Filed 2/28/06 P. v. Thomas
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. LIONELL JERMAINE THOMAS, Defendant and Appellant. | C049825 (Sup.Ct.No. CM020356)
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Defendant pled no contest to possession for sale of cocaine base (Health & Saf. Code, § 11351.5) and was sentenced to the upper term of five years in state prison. On appeal, he contends the trial court abused its discretion in sentencing him to the upper term because the court exaggerated the aggravating factors. He further contends imposition of the upper term based on factors not found by a jury violated his constitutional rights to proof beyond a reasonable doubt and trial by jury. We find no merit in defendant's contentions and affirm.
FACTS
According to the probation report, on the afternoon of December 30, 2003, officers in an unmarked car but wearing â€
