P. v. Lee
Defendant Calvin Earl Lee pled guilty to possession of methamphetamine, admitted he had served three prior prison terms, and was placed on probation pursuant to Proposition 36. Over the course of the next several months, he admitted four separate probation violations. Consequently, the trial court revoked defendants probation and sentenced him to the upper term of six years in state prison, due to defendants prior felony convictions and related factors.
On appeal, defendant contends (1) the imposition of the upper term violates the Sixth Amendment to the United States Constitution as interpreted in Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (hereafter Apprendi), Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (hereafter Blakely), and Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (hereafter Cunningham), and (2) the trial court impermissibly used the fact that defendant had served prior prison terms to both enhance and aggravate his sentence. Court affirm the judgment.
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