Fear Not Law Articles: P. v. Bispo

P. v. Bispo

Filed 1/9/07 P. v. Bispo 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Siskiyou)

----

THE PEOPLE,

Plaintiff and Respondent,

MICHAEL DEAN BISPO,

Defendant and Appellant.

C051396

(Super. Ct. No. YKCRBF031945)

In 2004, defendant Michael Dean Bispo entered negotiated pleas of no contest to three felonies, transporting methamphetamine (count III), transporting oxycodone and hydrocodone (count V), and possessing methamphetamine while armed with a firearm (count VI), and also entered negotiated pleas of no contest to four counts deemed to be misdemeanors (Pen. Code, § 17), possessing a billy club (count I), possessing methamphetamine (counts II and VIII), and unlawfully possessing a firearm (count X). In accordance with the plea agreement, imposition of sentences on the felonies was suspended and defendant was placed on probation under terms including that he serve 60 days in the county jail. Imposition of sentences on the misdemeanors also was suspended and defendant was placed on probation for those convictions.

In August 2005, the People moved for entry of judgment on the felony convictions because defendant was found in possession of methamphetamine, an unlawful substance smoking pipe, and ammunition that he could not lawfully possess, all in violation of the terms of his probation.

Based on the illegal possession of ammunition, the trial court found that defendant violated â€

Description	In 2004, defendant entered negotiated pleas of no contest to three felonies, transporting methamphetamine (count III), transporting oxycodone and hydrocodone (count V), and possessing methamphetamine while armed with a firearm (count VI), and also entered negotiated pleas of no contest to four counts deemed to be misdemeanors (Pen. Code, S 17), possessing a billy club (count I), possessing methamphetamine (counts II and VIII), and unlawfully possessing a firearm (count X). In accordance with the plea agreement, imposition of sentences on the felonies was suspended and defendant was placed on probation under terms including that he serve 60 days in the county jail. Imposition of sentences on the misdemeanors also was suspended and defendant was placed on probation for those convictions. In August 2005, the People moved for entry of judgment on the felony convictions because defendant was found in possession of methamphetamine, an unlawful substance smoking pipe, and ammunition that he could not lawfully possess, all in violation of the terms of his probation. On appeal, defendant contends that imposition of the upper term for count V violated his rights to due process and to trial by jury on the factors used by the court to impose the upper term. (Citing Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely).) Court disagree and affirm the judgment.
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