P. v. Masters
Filed 8/28/06 P. v. Masters CA4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL GAYLE MASTERS, Defendant and Appellant. | E038286 (Super.Ct.No. FNE003808) OPINION |
APPEAL from the Superior Court of San Bernardino County. Joseph R. Brisco, Judge. Affirmed.
Beatrice C. Tillman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr., Supervising Deputy Attorney General, and Robert M. Foster, Deputy Attorney General, for Plaintiff and Respondent.
On May 10, 2005, defendant, Michael Gayle Masters, was sentenced to the maximum term of six years in state prison for violating Penal Code[1] section 220, specifically, assault with intent to commit mayhem. Defendant had originally pled guilty as part of a plea bargain and had consented to a Cruz[2] waiver, but failed to appear at his sentencing hearing. The trial court ruled that defendant had violated the plea bargain, and found aggravating factors in the form of past convictions and violations of probation as reasons to impose the upper term of six years. Defendant appeals, asserting he has a constitutional right to a jury trial on any aggravating factors that the trial court considered during sentencing. Because we find that the trial court correctly sentenced the defendant to six years in state prison, we affirm.
I. FACTS AND PROCEDURAL POSTURE
On March 26, 2003, defendant and Edward Lee Glover (Glover) were staying in separate rooms at a motel in Needles. At some point, defendant and Glover were drinking alcohol together when the conversation caused defendant to become angry and gouge Glover's eyes with his hands. Glover's injuries consisted of bleeding from the eyes, and he stated he was only able to â€
